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Cycle speeding, Against the law?

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kal9001
Trackday Trickster



Joined: 15 Aug 2005
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PostPosted: 17:36 - 11 Jun 2008    Post subject: Cycle speeding, Against the law? Reply with quote

Ok so I made a comment in annother thread about it being illegal to speed on the road regardless of what your in control of.
Maurice made a challenge to this and asked me to quote it from law.

Now the odd thing is, in the Road Traffic Act I could not find any referance to speed limits, But the Highway code does, the confusion here arises as the highways code and the Road traffic act and the Road Traffc offenders Act use different definitions of a motor vehicle

the RTA states that...

Careful please with this link, it goes to a single page copy of the whole RTA and will slow your browser down
https://www.opsi.gov.uk/acts/acts1988/plain/ukpga_19880052_en

RTA 192 General interpretation of Act

(1) “cycle” means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor vehicle

RTA 189 Certain vehicles not to be treated as motor vehicles

(1) For the purposes of the Road Traffic Acts—

(b) any other mechanically propelled vehicle controlled by a pedestrian which may be specified by regulations made by the Secretary of State for the purposes of this section and section 140 of the [1984 c. 27.] Road Traffic Regulation Act 1984,

(2) In subsection (1) above “controlled by a pedestrian” means that the vehicle either—

(a) is constructed or adapted for use only under such control, or

(b) is constructed or adapted for use either under such control or under the control of a person carried on it, but is not for the time being in use under, or proceeding under, the control of a person carried on it.


this would seem pretty clear and in some ways obvious...but the highways code DOES NOT say speed limits apply to only motorvehicles but just states "vehicles" which can be interpirted as being vehicles motorised or otherwise.

I have so far found no law which specifically states that it is illegal to speed on a pushbike, or any other non motorised vehicle.

However im sure that although no specific law states they cannot speed, any cyclist caught exceeding the stated limit fo a car or motorcycle must therefore be guilty under

RTA 28 Reckless cycling

A person who rides a cycle on a road recklessly is guilty of an offence.

In this section “road” includes a bridleway.

RTA 29 Careless, and inconsiderate, cycling

If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.

In this section “road” includes a bridleway.


So although it seems it is not illegal to speed on a push bike as there is infact no stated limit and suck "speeding" is impossible anyone caught doing so wil allmost certainley be guilty of RTA section 28 or 29.
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Stiffler
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Joined: 24 Sep 2006
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PostPosted: 17:43 - 11 Jun 2008    Post subject: Reply with quote

I saw your original post and was going to say that cyclists cannot be prosecuted for speeding as they are under no obligation to have a speedo and thus it is impossible for them to obey the law. And then I was going to point out the Reckless cycling thing.

The other thing you mentioned was regarding licenses. As you do not need a license to bicycle you cannot have points applied to your license for offenses you commit. Oh and I've had a police officer threaten me for drink cycling, but he just cleared off in the end leaving me with a bit of a lecture.

Thanks

Tim
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deanoet
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Joined: 04 Jul 2007
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PostPosted: 17:46 - 11 Jun 2008    Post subject: Reply with quote

Speeding could come under riding recklessly on a road.
Depends how you read it

You can get stopped for speeding on a pushbike, as it isnt registered you are unlikely to get a fine unless you are being a total fool.

As most push bikes dont have a speedo they cant really do you for speeding, but they can quite easily tag one of the other offences on to take into account the speeding. The list is pretty much endless for what speeding can come under if they want to ticket you.

Not sure what the penalty would be mind, prob arrested and £80 fine.. but not sure. Smile


Easy solution is not to piss the police off, if they want to ticket you for something they will find something. Smile
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Stiffler
World Chat Champion



Joined: 24 Sep 2006
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PostPosted: 17:54 - 11 Jun 2008    Post subject: Reply with quote

Oh and just to add. Drunken cycling is stupid and I do not condone it in any way. I knocked myself unconscious once cycling into a lamp post at about 20mph without a helmet while totally drunk out of my skull...

And one of my old pastimes used to be setting off Gatso's while cycling and never was hunted down for it.
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bs16
Scooby Slapper



Joined: 24 Feb 2008
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PostPosted: 18:56 - 11 Jun 2008    Post subject: Reply with quote

The law regards bicycles as "carriages" but not as mechanically propelled vehicles. The law as it is applied does not regard vehicles without engines as mechanical, so a cyclist can't be prosecuted for speeding under the same laws that a motorist can. However a speeding cyclist can be prosecuted under other laws, such as "riding furiously."

From Hansards ENFORCEMENT OF THE SPEED LIMIT 1951, "Take cyclists, for instance; there is only one conviction that can be brought against a cyclist and that is for riding furiously"

Cyclists don't have to break the limit to be charged with it Clicky as it is effectively the same DDWCA
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Stiffler
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Joined: 24 Sep 2006
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PostPosted: 19:02 - 11 Jun 2008    Post subject: Reply with quote

It used to be an ambition of mine to be prosecuted for Furious Riding Very Happy

Unfortunately you must have to be extreemly furious as I've never managed to get anywhere...
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bs16
Scooby Slapper



Joined: 24 Feb 2008
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PostPosted: 19:10 - 11 Jun 2008    Post subject: Reply with quote

Stiffler wrote:
It used to be an ambition of mine to be prosecuted for Furious Riding Very Happy

Unfortunately you must have to be extreemly furious as I've never managed to get anywhere...


Ahh a man after my own heart. A couple of years and a few kg ago I used to go out out 40-50 mile rides, a couple of which had Gatso's on downhill stretches. I always used to bomb past them as fast as I could, my record was 46.5 mph in a 30 zone, but sadly I never got flashed once Crying or Very sad
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EuropeanNC30R...
Gay Hairdresser



Joined: 20 Jun 2002
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PostPosted: 20:33 - 11 Jun 2008    Post subject: Reply with quote

It's an interesting one and well put by yourself, but in my opinion a cyclist doing 30mph on a road that has been designated as a 30 limit for motorvehicles doesn't instantly become reckless or riding without due care and attention when they go to 30.1mph.

I was suprised by the guy in the article getting fined for 25mph, but I guess it proves that limits don't apply to cyclists, all based on an officers opinion of what side of bed you got out of that day.

I clocked 35.3mph in a 30 on the way cycling into work today. Still didn't stop a taxi having to overtake me at all costs Rolling Eyes
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