Bicycles and the law.

Discussion in 'The Quarterdeck' started by Shakey, Oct 17, 2006.

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  1. I ride a bike a bit, and like 99% of cyclists I probably know bugger all about the law and bikes.

    Leaving out the Highway Code and that, what laws or regs apply to bikes?

    Eg. Does it have to have lights, be roadworthy, can the police stop you same as a car driver, can you be breathalysed, can you ride on the pavement etc.

    Can a knowledgeable person sum it all up in a nutshell please?

    Ta.
     
  2. A bicycle must be roadworthy, in other words safe to ride, brakes are required to work and in times of darkness lights are to be used. As a cyclist all road signs are to be obeyed, this means stopping at traffic lights, stop signs and not cycling the wrong way down a one way street. in other words the highway code applies to ALL road users. Yes you can be breathalised and I believe though Rosina correct me if I am wrong that if you give a positive sample and hold a driving licence points can be added and a ban imposed. As for riding on the pavement , unless its designated a cycleway then it is against the law, though in today's busy road situation this law does not seem to be applied
     
  3. I agree with most of what slim says but I do not think the breathalizer bit applies. It is drunk whilst riding a bike. Evidence of drunk being just that, glazed eyes, unsteady behaviour etc. A breath test cannot be demanded that act says driving or in charge of a M/V in a public place or highway. It will not effect your D/L.

    Very few Police, if any, enforce laws against cyclists, why? when in most cases they cannot be traced at a later date unlike car drivers. The modern urban terrorist in London is the cyclist very few if any obey any rules or laws. Anyone on this board know of a nicking for a cycling offence in the last 10 years.

    Brakes front and back (working), lights must be attached to the bike and not the flashing strobe type.

    Nutty

    PS please do not ask what a Public Place is, the court decided that at the time if you contest it. i.e. Tesco's car park, no gates, ergo a Public Place
     
  4. I'm sure I remember being told as a kid that the bike had to be the correct size for the person riding it - I am thinking of all these 6 ft 10 teenagers riding around on bikes that look like thay are designed for a 5 year old.

    Not that any of the rules and regulations for bikes seem to be observed these days. Now before some one jumps down my throat, I know not all cyclists ignore them, there are some sensible ones out there, but a great many don't even seem to know that they shouldn't be riding on the pavement, and that red lights apply to them as well as motor vehicles.

    It is getting seriously dangerous walking to and from work - there seems to be more bikes on the pavement than on the roads!
     
  5. janner

    janner War Hero Book Reviewer

    have used a breath test on a cyclist and it was accepted in court as proof of his drunkeness.

    Circumstances were that cyclist went against a red light and hit a car, I invited the cyclist to take the initial screening test but pointed out that there was no requirement under law to do so, also pointed out that there was not penalty in law for refusal. He blew positive on, I then invited him back to the station for further test, again making sure that he understood that there was no legal requirement, He refused. I reported him for various offences including pissed whilst pedaling.

    Court fully accepted my actions, He spoilt the whole thing by pleading guilty so it wasn't fully tested in law. Result, fine and compensation for the car owner.

    Never take advice from an Ex Met CID man on traffic law, what they know about it could be carved on a postage stamp with a pickaxe
     
  6. In a nutshell.
    Don't spend all Thursday afternoon on the p**s at a meat raffle then try to cycle from Gosport to Stubbington. - IT HURTS LIKE HELL
     
  7. sgtpepperband

    sgtpepperband War Hero Moderator Book Reviewer

    I'm a bit concerned about you not wanting to refer to the Highway Code, as you shouldn't be using a vehicle - even a bicycle - without a working knowledge of the legislation!

    Road Traffic Act 1988 Section 28: It is an offence for a person to ride a cycle dangerously on a road. A person is regarded as riding a cycle dangerously if (and only if):
    a. the way he rides falls far below what would be expected of a competent and careful cyclist; and
    b. it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.
    The term 'dangerous' refers to danger either of injury to any person or of serious damage to property.

    Road Traffic Act 1988 Section 29: It is an offence for a person riding a cycle on a road without due care and attention, or without reasonable consideration for others using the road.

    Road Traffic Act 1988 Section 30: It is an offence for a person to ride a cycle on a road or other public place when unfit to ride through drink or drugs - that is to say - is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle. A constable may arrest without warrant a person found committing this offence.

    NOTE: The police have no power to require a cyclist suspected of contravening RTA 88 s30 to provide specimens of breath, blood or urine. However, the cyclist may be requested to provide such specimens and/or undergo a medical examination and tests provided he is informed that he is entitled to refuse and, that if he agress, the results may be used in evidence.

    In accordance with Schedule 1 of the Road Vehicle Lighting Regulations 1989, pedal cycles are not exempt from being fitted with front and rear position lamps, rear retro reflectors and pedal retro reflectors (unless manufactured before 1 Oct 85).

    Theft Act 1968 Section 12(1): [All vehicles] Without having the consent of the owner or orther lawful authority, taking a conveyance for his own or another's use, or knowing that a conveyance has been taken without the consent of the owner or other lawful authority, drives it or allows himself to be carried in or on it.
    The conveyance must be moved, however short the distance may be, merley trying to start an engine will not suffice. Also, it must be taken for use as a conveyance; merely pushing it around the corner for a prank will not suffice. TA 68 s12(5) refers specifically to bicycles, but this offence is not arrestable.

    Road Traffic Act 1988 Section 163: A person driving a mechanically propelled vehicle or riding a cycle on a road must stop the vehicle (or cycle) on being requested to do so by a constable in uniform. Failure to comply is an offence.
     
  8. I,m always suprised by the number of people who fall for the line that you can be breathalysed on a pushbike.
    To me, one of the great things about cycling is that you can still cycle somewhere, stop for a pint on the way, and still be legal.
     
  9. janner

    janner War Hero Book Reviewer

    They are all arrestable, given the right circumstances, look up PACE
     
  10. sgtpepperband

    sgtpepperband War Hero Moderator Book Reviewer

    Of course, given the appropriate circumstances
     
  11. They should be made to have at least 3rd party insurance!!!Some fecker on a bike has scratched my Kin car!!!!
     
  12. How do you know it was a bike and not a shopping trolly or some young scally with a 2p piece??
     
  13. Just cos some Carrot Crunching Countryman Bumkin Wooden Top requests a breath test from another country bumkin who is stupid enough to provide evidence that he is drunk, sums up the state of criminality and law enforcement in South Dorset. Both Plod and cyclists in th Smoke are a little more streetwise.

    As I said a cyclist does not have to provide a breath test

    Souff Lunnun's Finest

    Nutty

    PS Search the red word +Police on Goolge another Dorset failure. Any MetPol nicked NO,NIL,ZILCH,NOT A LOT,FEW IF ANY
     
  14. Cos i saw the little toerag!
     
  15. janner

    janner War Hero Book Reviewer

    Several left in a hurry though 8)
     
  16. As a regular cyclist I agree wholeheartedly with you there m8. Gives the rest of us a bad name.

    A couple that most cyclists don't seem to be aware of (or blatently ignore).

    - Flashing lights should NOT be attached to the bike, but may be worn on the person.
    - A bell should be fitted (my hands are up here)
    - Pedal reflectors should be fitted.
    - Hand signals should be given when turning

    Helmets are not required by law, but bloody well should be. It's your head afterall and you shouldn't need legislation to tell you to look after it.

    Of course, it's also worth being aware that:-

    - Many motorists do not know their own laws and regs where the presence of bikes is concerned.
    - Many pedestrians believe cycle lanes are for spreading out on when walking in a group and know cyclists are required to give way.

    Don't let it put you off though. Get fit and do your bit for the greenies.
     
  17. Devils advocate - out of interest, were you driving it at the time, if so were you overtaking him, and if so how close did you pass him?

    That said I have seen some cyclists cause damage to cars for no reason.

    Agree with the insurance though. I also believe we should have to have taken a cycling proficiency test......which I have.
     
  18. Nope.sat in the In laws front room!he pissed off as i shot out front.
     
  19. I think cyclists that ride on the roads are brave, they also cause lots of problems for other road users, at least with a M/C they have the speed, there is nothing worse than coming round a corner and having two cyclists riding side by side having a chat. A bell or a flashing light doesn't help much.
    The failing though is in the lack of cycle paths and alternative forms of transport.
     
  20. When the ship is in Pompey I cycle the 6.5 miles from my humble abode to the Gosport Ferry. Some observations.

    Cyclists without lights idiots. give us a bad name
    Cyclists who have no road sense. See above
    Cyclists without helmet. as before.

    HOWEVER

    I am also a car driver.

    Drivers who sit coccooned (spelling sorry) in their metal box and give the cyclist no heed - Tossers
    Women more intent on make up / texting on phone rather than safe driving. As above.

    and finally to end the rant.

    To the car passenger, who, at the War Mamorial Hospital lights threw his burning fag but out of his window straight down my windy jacket front - if I ever catch you I will do more than f**king scratch down the side of your car.............

    And with that Fishmiester climbs back on the fence
     

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