Can this happen when using your ebike?

[neilmeansneil]

Article from local paper got me thinking, can you be banned for Drink Driving when using your Electric bike?

News & Star | News | Cumbrian man's ban for drink-driving at 5mph on scooter

 

[Mussels]

It's not the first case and IIRC it has been overturned before because it's an unfair punishment, losing your license should only be for motoring offences that require a license. I bet I can't find it now.

 

[Mussels]

Woman motorist banned after police catch her drink-driving... on a 2.4mph mobility scooter | Mail Online
This ones a cracker:
Barbie car joyride results in driving ban - Big Brother Watch
A DISABLED man has been banned from driving for three years after being caught drink driving — on his mobility scooter.

 

[eddieo]

well if you need another example of how thick the police/prosecution service and judiciary are then this is it

 

[leathersley]

IMHO he should have refused to take a breath test, as he didn't need a driving licence or road tax, I should think that is why he wasnt banned from the road.

 

[NRG]

Ah! but aren't there two laws for use on road and on pavement with mobility scooter. If used on the road I think it has to be registered and in this case if he was intoxicated could be prosecuted....I may have that completely wrong though!

Maybe not, class 3....

Mobility scooters - what you need to know

More here:

Where can I use my Mobility Scooter

You do not require a driving license to use a Class 3 vehicle but you should obey the Highway Code at all times, including complying with relevant eyesight requirements and not driving under the influence of alcohol, drugs etc.

 

[dan]

Article from local paper got me thinking, can you be banned for Drink Driving when using your Electric bike?

News & Star | News | Cumbrian man's ban for drink-driving at 5mph on scooter

The current road traffic act clearly states that for an electric bike to be exempt from being classed as a motorised vehicle it has to have the following features.

1) Weigh less than 40 kilos for a 2 wheel bike and 60 kilos for a tricycle
2) Have a motor which has a rated power of no more than 200 watts for a 2 wheel bike and 250 watts for a tricycle.
3) A working pedal system by which the bike can be used without the motor.
4) A maximum speed under power of 15 mph.
5) Carry a makers label stating the manufacturer, weight and motor power.
6) The rider must be at least 14 years of age.


Any electric bike that does not comply with the above specification will be deemed to be a motorised vehicle and with fall under the moped regulations, and you could be banned for drink driving. however if your bike complies the worse that you can get is a fine.

 

[Trevor Holloway]

The current road traffic act clearly states that for an electric bike to be exempt from being classed as a motorised vehicle it has to have the following features.

5) Carry a makers label stating the manufacturer, weight and motor power.

Any electric bike that does not comply with the above specification will be deemed to be a motorised vehicle and with fall under the moped regulations, and you could be banned for drink driving. however if your bike complies the worse that you can get is a fine.

I wonder how the bicycles fitted with the hub kits stand on that one as the makers never designed the bike to have a motor !

 

[dan]

I wonder how the bicycles fitted with the hub kits stand on that one as the makers never designed the bike to have a motor !

I guess that the kit manufacturer should provide the label, also i would not think anybody is going to take much notice of it, but if the police get into you for being drunk they are going to try to find a way to win in court.....just don't drink when your riding your bike, it makes sense

 

[flecc]

I wonder how the bicycles fitted with the hub kits stand on that one as the makers never designed the bike to have a motor !

They should be taken through single vehicle type approval before use on the roads. Don't worry though, all e-bikes in Britain are illegal anyway, yes really.

The law clearly states that the bike (not the motor) should be plated by the mnaufacturer with the plate stating motor power in watts, battery voltage and bike weight. The plate should be in a prominent position where it can be easily read. Of course none of them comply as they come from the manufacturer.
.

 

[flecc]

Since this chap's scooter can exceed 4 mph on his own admission, it's the maximum 8 mph class 3 and should be registered for road use, though not necessary if just for crossing roads. As such, it will probably come under a road traffic act somewhere so is possibly subject to drink drive law.
.

 

[eddieo]

just don't drink when your riding your bike, it makes sense

No it doesn't

We enjoy cycling when abroad in our motorhome. Being able to have a few drinks with a meal, and not worry (as you do when driving) about being probably a bit over the limit for the ride back, is one of the main advantages of cycling

If you are reckless you get what you deserve I guess.

 

[Teejay]

No it doesn't

We enjoy cycling when abroad in our motorhome. Being able to have a few drinks with a meal, and not worry (as you do when driving) about being probably a bit over the limit for the ride back, is one of the main advantages of cycling

If you are reckless you get what you deserve I guess.
__________________

Well said Eddieo. Hear, hear!

 

[lectureral]

I think that Section 30 of the Road Traffic Act 1988 applies:

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.

Note that this seems quite a high level of drunkenness - not just over the limit as in car driving.

 

[rog_london]

I think that Section 30 of the Road Traffic Act 1988 applies:

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.

Note that this seems quite a high level of drunkenness - not just over the limit as in car driving.

That last bit is the key - there is no limit. The legal alcohol limit as enforced by breathalyser or blood sample only applies to motor vehicles - not bicycles. For this purpose a pedelec is not a motor vehicle.

You can still be done for being too drunk to ride, but that's a subjective thing based on your behaviour - a similar law to the one applied in pre-breathalyser days. Wobbling all over the road or falling off and being unable to get on again might just qualify.....

Rog.

 

[eddieo]

You can still be done for being too drunk to ride, but that's a subjective thing based on your behaviour - a similar law to the one applied in pre-breathalyser days. Wobbling all over the road or falling off and being unable to get on again might just qualify.....

Rog.

But can you loose your driving licence?

And say you are cycling with another drunk and they do not have a driving licence.....what then?

 

[flecc]

But can you loose your driving licence?

In short, no. Loss of licence can only be occasioned where illegal use of a motor vehicle is concerned, and e-bikes are specifically exempt from the motor vehicle aspects of the provisions of the Road Traffic Acts.

The police and magistrates courts can and sometimes do get things wrong. If arrested and brought to court, refuse to surrender your licence to the court and don't accept an incorrect finding regarding a ban.
.

 

[onmebike]

I'm no expert but it appears offences commited while cycling can result in a driving ban as this link shows.

Injured cyclist gets driving ban for breaking red light - National News, Frontpage - Independent.ie

 

[lemmy]

I'm no expert but it appears offences commited while cycling can result in a driving ban as this link shows.

I am not sure that many Irish will be pleased by he notion that the Republic of Ireland is subject to British roadl law

It may be in the British Isles but it ain't in the United Kingdom.

 

[Teejay]

But that was in Ireland...