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Lee

Drunk in charge of a pedal bike?

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is it illegal to be drunk in charge of a pedal bike? and do the normal rules count as if you where stopped and brethalised in charge of a motor vehicle ?

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is it illegal to be drunk in charge of a pedal bike? and do the normal rules count as if you where stopped and brethalised in charge of a motor vehicle ?

Yep, still an offence.

Not sure how the rules go tho.

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is it illegal to be drunk in charge of a pedal bike?

yes

and do the normal rules count as if you where stopped and brethalised in charge of a motor vehicle ?

No, s5 RTA is for mechanically propelled vehicles. Think of it more as "riding whilst unfit". Words of advice are usually the way forward, unless the person is causing a significant danger to himself or others.

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I would have thought that you could FPN for riding whilst unfit, or if they're seriously drunk, then arrest to prevent physical injury... dah de dah dah that ID COP PLAN thing.

(I must admit that I don't really know the answer, this is just what I think)

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I would have thought that you could FPN for riding whilst unfit, or if they're seriously drunk, then arrest to prevent physical injury... dah de dah dah that ID COP PLAN thing.

(I must admit that I don't really know the answer, this is just what I think)

Well, it would just be D+D i would of thought if he was that bad on the bike must be pretty wasted. Warn him to push bike, if he got back on i guess the COPPLAN would apply on protect the person or others. But then you can take the person home and give them an FPN instead.

Book the bike into property store for collection.

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D+D?

How is riding a bike disorderly behaviour?

There is a specific offence of drunk in charge of a bicycle, and that is what you should use, arresting only if S24 conditions permit.

And if they are drunk, you can't take them home and issue a PND. PND's cannot be issued to someone who is drunk (despite this happening on a daily basis in my force - something that the CPS are now getting on top of thankfully). To issue a PND you would have to arrest them, then it would be issued in the morning when they are sober as a means of disposal from custody.

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There is a specific offence of being drunk whilst riding a pedal cycle under s30 RTA 1988 - this should be prefered to any ancient offence such as the 1872 Licencing Act.

It is not an offence that an FPN or PND can be issued for. I don't know where D&D came from though .... I know it is an easy method of case disposal but that is stretching it somewhat !

James

From NCALT:

Section 30 of the Road Traffic Act 1988, as amended by the Road Traffic Act 1991, provides the offence of cycling on a road or public place whilst under the influence of drink or drugs. It states:

30(1) A person who, when riding a cycle on a road or other public place, is 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) is guilty of an offence.

NOTES

(i) The evidence of the extent to which a person is affected must be measured by means other than the provision of a specimen of breath, blood or urine, as there is no power to require such a specimen in these circumstances. However, if such a specimen was offered, it is probable that the evidence obtained by analysis of the specimen would be admissible.

(ii) In Scotland a constable may arrest without warrant a person committing an offence.

(iii) In England and Wales a constable may only arrest without warrant in accordance with the powers of arrest set out in section 24 of the Police and Criminal Evidence Act 1984. In such an instance, that power might be exercised where a satisfactory address has not been furnished, or the constable has reasonable grounds for believing that arrest is necessary to prevent such a person causing physical injury to himself or any other person (see also other conditions in s24 of PACE).

(iv) The absence of a specific power of arrest in England and Wales affects the ability of the police to present any form of medical evidence of the accused's condition.

(v) There is no offence of 'being in charge' of a cycle under the Road Traffic Acts, but such conduct may well be an offence of drunk in charge of a carriage under section 12 of the Licensing Act 1872. A bicycle or tricycle is a carriage for the purpose of that section.

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Isnt it even just an offence be drunk on the highway? I thought somewhere there is an act that if a person is drunk and just on the road (not even on a bike) that is an offence! Never needed to think about that one as always use other things but does it exist?

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Isnt it even just an offence be drunk on the highway? I thought somewhere there is an act that if a person is drunk and just on the road (not even on a bike) that is an offence! Never needed to think about that one as always use other things but does it exist?

Yes, but it's drunk and incapable... i.e. unable to stand/walk etc. Just being slightly off your head doesn't count :whistle:

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im asking this because im doing a sponsored bike ride from manchester to blackpool for christies cancer research and was thinking of stopping off at a few pubs on the 60 mile ride back. One of my friends said it was illegal to drink and ride but i wasnt sure.

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im asking this because im doing a sponsored bike ride from manchester to blackpool for christies cancer research and was thinking of stopping off at a few pubs on the 60 mile ride back. One of my friends said it was illegal to drink and ride but i wasnt sure.

I think (I'm not a special constable, so don't take my word for it!) that it is illegal to drink and ride in the same respect as it is to drink and drive, i.e. it only becomes illegal if you have to much and become a danger to yourself or others. It is worth noting though, that when you drink after excersise, when you are dehydrated/tired you get drunk quite considerably faster, so what you might find has little effect on you on a friday night out may effect you quite considerably whilst cycling. Just something to bare in mind :whistle:

Personally I would not recomend cycling after drinking anything, just as I wouldn't recomend driving after drinking anything, even if you feel fine/are below the limit. But ultimataly its up to you, so long as you don't start posing a danger to people (remember that a drunk cyclist could cause a car to swerve and hit someone, they don't have to be directly involved in the collision). As I said before, I'm not in the police service, so check out everything I have said before you do anything!

Oh, and good luck with the ride!

Edited by Harper

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how do you prove that they are drunk - if they provided a breath sample at the side of the road and failed it would that be enough?

His eyes were glazed, he was unsteady on his feet , his speech was slurred and I could smell intoxicating liquor on his breath.

He was drunk......:unsure:

Is there a power to demand a sample of breath at the roadside?

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