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kal9001 |
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kal9001 Trackday Trickster
Joined: 15 Aug 2005 Karma :
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Posted: 17:36 - 11 Jun 2008 Post subject: Cycle speeding, Against the law? |
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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. ____________________ Anyone stupid enough to think we will drag a load of wooden horses full of soldiers into our city is certanley stupid enough to drag all of ours into theirs! |
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Stiffler |
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Stiffler World Chat Champion
Joined: 24 Sep 2006 Karma :
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Posted: 17:43 - 11 Jun 2008 Post subject: |
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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 ____________________ Current Bikes - Kawasaki ZX-6R (636) | BMW G650GS |
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deanoet |
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deanoet World Chat Champion
Joined: 04 Jul 2007 Karma :
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Posted: 17:46 - 11 Jun 2008 Post subject: |
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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.
Easy solution is not to piss the police off, if they want to ticket you for something they will find something. ____________________ ---------------------------------------------------------------------------------------------------------------------------------------------
CBT Passed 18th July 2007 : Previous Bikes> CG125 : Current Bike> Hornet 600 : PASSED DAS 30th Oct 2007
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Stiffler |
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Stiffler World Chat Champion
Joined: 24 Sep 2006 Karma :
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Posted: 17:54 - 11 Jun 2008 Post subject: |
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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. ____________________ Current Bikes - Kawasaki ZX-6R (636) | BMW G650GS |
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bs16 |
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bs16 Scooby Slapper
Joined: 24 Feb 2008 Karma :
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Posted: 18:56 - 11 Jun 2008 Post subject: |
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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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Stiffler World Chat Champion
Joined: 24 Sep 2006 Karma :
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Posted: 19:02 - 11 Jun 2008 Post subject: |
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It used to be an ambition of mine to be prosecuted for Furious Riding
Unfortunately you must have to be extreemly furious as I've never managed to get anywhere... ____________________ Current Bikes - Kawasaki ZX-6R (636) | BMW G650GS |
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bs16 |
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bs16 Scooby Slapper
Joined: 24 Feb 2008 Karma :
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EuropeanNC30R... |
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EuropeanNC30R... Gay Hairdresser
Joined: 20 Jun 2002 Karma :
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Posted: 20:33 - 11 Jun 2008 Post subject: |
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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 |
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Old Thread Alert!
The last post was made 15 years, 322 days ago. Instead of replying here, would creating a new thread be more useful? |
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