trevHCS:
I can’t say for sure, but pretty sure if you’re caught riding a bike under the influence it can affect your driving licence, odd as it might be.
Not only odd, also incorrect. Riding a pedal cycle while unfit through drink or drugs is a specific offence but has no effect on your driving licence. In order to impact on your driving licence, it has to be a mechanically propelled vehicle - i.e. one with an engine or motor of some sort. If you were caught driving an electric mobility scooter while ■■■■■■ then that could well result in disqualification (even though most mobility scooters are not “motor vehicles” they are still “mechanically propelled vehicles”).
They were both handed a 12-month community order, banned from driving for
22 months and told to pay £145 each in fines.
I can understand the community order and the fine but why a 22 month ban, it was a prank for Christ sake, a very stupid one but a prank nevertheless, if they had to be banned why make it more than the mandatory 12 months.
What you need to remember is the potential damage to property and to life and limb one of these things could cause whilst being controled by a pair of drunken operators. They are bloody heavy things.
The length of a ban is often proportional to how far over the limit the offender is as well as any previous drink drive convictions
It’s also common for the sentence to be along the lines of;
22 months ban, reduced to 14 months subject to completion of a drink awareness course and re-taking a driving test
Therefore although the sentence is a ban for 22 months, the actual ban will be 12- 14 months.
Scissor lifts and mast boom lifts are covered by IPAF, pretty harsh sentence I must admit… But then if they had killed someone we would all be condemning them to death by hanging!
If it’s a mechanically propelled vehicle then the rules apply, and also it doesn’t have to be a public road. There’s all kind of things like who has access etc that could change whether it applies or not.
A mechanically propelled vehicle is anything that is powered by steam, hydrogen, electric, petrol, diesel, oil, or gas. So if this cherry picker was powered by one of them, then it’s an MPV, and therefore the drink drive rules apply.
Is this story actually true?
At the end of the day if it is true and they ended up getting charged then it will be right. If they got arrested for it then released without charge then that would be different but if no sergeant is going to charge them unless there’s actually an offence there.
Rowley010:
If it’s a mechanically propelled vehicle then the rules apply, and also it doesn’t have to be a public road. There’s all kind of things like who has access etc that could change whether it applies or not.
A mechanically propelled vehicle is anything that is powered by steam, hydrogen, electric, petrol, diesel, oil, or gas. So if this cherry picker was powered by one of them, then it’s an MPV, and therefore the drink drive rules apply.
with the proviso that the vehicle/machine is Intended or adapted for use on the road. So for instance if you were caught with excess alcohol whilst using a lawn mower in a public place, then the cps would need to show that the lawn mower had been adapted or intended for use on the road, there seems to be no definition for this so it would be down to the “reasonable person test”.
trevHCS:
I can’t say for sure, but pretty sure if you’re caught riding a bike under the influence it can affect your driving licence, odd as it might be.
Not only odd, also incorrect. Riding a pedal cycle while unfit through drink or drugs is a specific offence but has no effect on your driving licence. In order to impact on your driving licence, it has to be a mechanically propelled vehicle - i.e. one with an engine or motor of some sort. If you were caught driving an electric mobility scooter while ■■■■■■ then that could well result in disqualification (even though most mobility scooters are not “motor vehicles” they are still “mechanically propelled vehicles”).
as far as im aware,you can quite legally refuse a breath test if your on a pushbike,though if you take it,they can use it against you in court.if you refuse,they cant . this might help out the occasional lycra boy if he has an extra pint of scruttocks old original organic boogy juice to help wash down his free range nut cutlet and lettuce risotto.
Rowley010:
If it’s a mechanically propelled vehicle then the rules apply, and also it doesn’t have to be a public road. There’s all kind of things like who has access etc that could change whether it applies or not.
A mechanically propelled vehicle is anything that is powered by steam, hydrogen, electric, petrol, diesel, oil, or gas. So if this cherry picker was powered by one of them, then it’s an MPV, and therefore the drink drive rules apply.
with the proviso that the vehicle/machine is Intended or adapted for use on the road. So for instance if you were caught with excess alcohol whilst using a lawn mower in a public place, then the cps would need to show that the lawn mower had been adapted or intended for use on the road, there seems to be no definition for this so it would be down to the “reasonable person test”.
Incorrect. The “constructed or adapted for use on roads” bit is what makes it a Motor Vehicle . A mechanically propelled vehicle is just that, a vehicle propelled mechanically. Which was pretty much my point.
qwakers:
you can be drunk in charge of anything if youre posing a danger to other people… off road or on.
Reminds me of my absolute favourite charge, Furious Driving. Even better is Furious operation of a pedal cycle. Basically causing non-fatal injury to someone while not on a public road. Applied more to horse drawn carriages (the driving one, obviously), but is still available to prosecutors today.
I have my ipaf demo 3a and 3b mobile Sissors and booms is 3b none are “road legal” nothing to do with driving licence could have been reported to ipaf who could have taken his card of him
nosmaster:
I have my ipaf demo 3a and 3b mobile Sissors and booms is 3b none are “road legal” nothing to do with driving licence could have been reported to ipaf who could have taken his card of him
I’ve got the same categories and your correct on they have nothing to do with a driving licence, that’s why I found it a bit harsh
I can see ipaf asking for his card for 22 months but then again it’s not a legal requirement I say fair play to the guys I drive them every day probably couldn’t do it half cut
dieseldog999:
as far as im aware,you can quite legally refuse a breath test if your on a pushbike,though if you take it,they can use it against you in court.if you refuse,they cant . this might help out the occasional lycra boy if he has an extra pint of scruttocks old original organic boogy juice to help wash down his free range nut cutlet and lettuce risotto.
Use it against you for what? The roadside breath test doesn’t show whether you are “unfit through drink (or drugs)” - all it does is show that the level of alcohol in your breath appears to be above the prescribed limit for driving, thereby giving grounds for your arrest for that offence. Since there is no prescribed limit in the case of riding a pedal cycle, what point is going to be proved to the court?
nosmaster:
I can see ipaf asking for his card for 22 months but then again it’s not a legal requirement I say fair play to the guys I drive them every day probably couldn’t do it half cut
Yeah I wouldn’t fancy been 10 metres up spannered out my head either haha
dieseldog999:
as far as im aware,you can quite legally refuse a breath test if your on a pushbike,though if you take it,they can use it against you in court.if you refuse,they cant . this might help out the occasional lycra boy if he has an extra pint of scruttocks old original organic boogy juice to help wash down his free range nut cutlet and lettuce risotto.
Use it against you for what? The roadside breath test doesn’t show whether you are “unfit through drink (or drugs)” - all it does is show that the level of alcohol in your breath appears to be above the prescribed limit for driving, thereby giving grounds for your arrest for that offence. Since there is no prescribed limit in the case of riding a pedal cycle, what point is going to be proved to the court?
its used by the prosecution in evidence against you to show that you are at a specific limit of intoxication thus making it easier for them to do you .if you refuse the breath test for being on a bike,then 1 there is no penalty for refusing,2 theres no specific level of intoxication for them to put before the judge,hence you will only be done on their version of what you were doing at the time of the offence.so its always in your favour if your ■■■■■■ on a bike to refuse a breath test.assuming your daft enough to be on one in the 1st place.
dieseldog999:
its used by the prosecution in evidence against you to show that you are at a specific limit of intoxication thus making it easier for them to do you .if you refuse the breath test for being on a bike,then 1 there is no penalty for refusing,2 theres no specific level of intoxication for them to put before the judge,hence you will only be done on their version of what you were doing at the time of the offence.so its always in your favour if your ■■■■■■ on a bike to refuse a breath test.assuming your daft enough to be on one in the 1st place.
But it isn’t. There is no prescribed limit for riding a push-bike, so there’s no “specific limit of intoxication” (whatever that means) to be proved. As with any unfit/drunk in charge offence, you will not “be done on their version of what you were doing”, any evidence of incapacity will come from a medical practitioner, not from a roadside screening device.
I think you’ve been listening to too much RDC waiting room bullshine.
the drink driving limit in a car/van/truck etc has nothing whatsoever with being drunk, the offence is having an excess of alcohol in your blood. On a bicycle there is no law regarding levels of alcohol but there is a law regarding being drunk, and as there is no absolute definition in what constitute being drunk the police would struggle to prove it. May be some sort of 1960s American style sobriety test such as walking up and down the white line with your left little finger in your right ear, who knows?
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