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Pillion alcohol legalitys

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harscot
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PostPosted: 18:03 - 14 Aug 2012    Post subject: Pillion alcohol legalitys Reply with quote

Hi people, quick question, anyone know of any legalitys on carrying a pillion who might be classed as over the limit for driving, I mean not blind drunk but what you might say as just over the limit......

cheers

Harscot Thumbs Up
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LockyUK
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PostPosted: 18:06 - 14 Aug 2012    Post subject: Re: Pillion alcohol legalitys Reply with quote

unsure, but why would you want too ?

if your pillion does anything silly at all, it is you that suffers also

my opinion, DONT
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J.M.
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PostPosted: 18:17 - 14 Aug 2012    Post subject: Reply with quote

There was a thread on this a while ago. If I remember correctly the general consensus was that it was not illegal to do so but also not advisable to do so.

Though some people commented on how dunk pillions were actually better pillions because they're more relaxed, instead of non-drunk pillions who can try and do too much and make riding harder.

There are a couple of people I would happily let on the back of my bike whilst drunk. That said, there also isn't that many people I would put on the back even whilst sober. There's only been a total of 3 pillions on my bike to date, and one of them was me.

The ones that I would take either ride themselves or have been pillion with me several times before.
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harscot
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PostPosted: 18:19 - 14 Aug 2012    Post subject: Re: Pillion alcohol legalitys Reply with quote

PeteLockwood wrote:
unsure, but why would you want too ?

if your pillion does anything silly at all, it is you that suffers also

my opinion, DONT


Just cropped up in conversation with the better half, I dont touch alcohol at all when driving, 2 or 4 wheels, but if we are out for a meal she likes 1 or 2 wines with it, nothing overboard, but was curious if stopped, could she or me for that matter, get done Thumbs Up
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Rogerborg
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PostPosted: 19:21 - 14 Aug 2012    Post subject: Reply with quote

I can't think offhand of anything specific that you could be charged with (or at least convicted of) unless she was actually causing you to drive carelessly, or wrapping her legs around your head so you couldn't see (RTA 1988 41D). I'd be prepared to be surprised though. Wink
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Richtea
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PostPosted: 19:38 - 14 Aug 2012    Post subject: Reply with quote

Rogerborg wrote:
....or wrapping her legs around your head so you couldn't see.....


Smile Smile
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Serendipity
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PostPosted: 19:42 - 14 Aug 2012    Post subject: Reply with quote

I don’t know of any law against it and in the circumstances you describe I wouldn’t have a problem.

My wife is the best pillion passenger I know, having commuted with me for years. I’ve carried her a few times when she’s been a little worse for wear and once when she was significantly merry. I wouldn’t have allowed her on the bike if she was in any worse state. She was clearly over the limit, but could function normally and didn’t have any behavioural issues. My biggest worry on that occasion was in case she fell asleep.

Give a lift to trusted friend\spouse after moderate social drinking = yes.
Give a lift to Fat Frank from engineering after an all-dayer on vodka and speed = emphatic NO!
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snikks
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PostPosted: 20:14 - 14 Aug 2012    Post subject: Reply with quote

Rogerborg wrote:
I can't think offhand of anything specific that you could be charged with (or at least convicted of) unless she was actually causing you to drive carelessly, or wrapping her legs around your head so you couldn't see (RTA 1988 41D). I'd be prepared to be surprised though. Wink


If she's wrapping her legs around his head, you'd hope that he'd pull over in a secluded layby and take care of business before continuing anyway.
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Thelostone
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PostPosted: 20:25 - 14 Aug 2012    Post subject: Reply with quote

As Mr Vincent suggested, CU50 - Causing or likely to cause danger by reason of load or passengers.
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johnsmith222
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PostPosted: 21:04 - 14 Aug 2012    Post subject: Reply with quote

It's perfectly legal. I would like to see a copper try to be arsey about it to me as it's something me and my pals do often.

Your biggest issue should be whether or not the pillion is experienced enough and whether you can trust them.
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stinkwheel
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PostPosted: 23:27 - 14 Aug 2012    Post subject: Reply with quote

Yes. Unsafe load. I remember hearing about a pillion being breathalised then the rider being done for it. All hearsay but it was a believable source.

You can however carry someone drunk as a fucking skunk, surfing on a flatbed sidecar without a seat, helmet, or indeed, anything to hold on to. There simply aren't any laws pertaining to the subject.
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Louise
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PostPosted: 23:43 - 14 Aug 2012    Post subject: Reply with quote

Quote:
Yes. Unsafe load. I remember hearing about a pillion being breathalised then the rider being done for it.

Ive heard of this also....
I would take them if I could trust them - being it be my partner ect.
Ive been intoxicated and been pillion at the time - But myself wouldnt do it again...
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_matt
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PostPosted: 03:08 - 15 Aug 2012    Post subject: Reply with quote

Drove home tonight after:
1 beer for me
5-6 glasses of wine for her

end up doing this pretty often so, look, if your pillion is used to being on a bike and isn't pissed off their face, it's generally alright in my experience, as long as they''re still compus mentus and can cope with holding on/leaning etc.

From past experience: riding your bike when a bit pissed is a lot more difficult than driving a car when you've had a few, so dont over-estimate it. 3 Glasses of wine and you could end up sleeping in a hospital bed.

best advice:
Is it legal? yes, no, maybe, probably, who knows but: why wouldnt it be? no difference to a car passanger really, they're not "in control" of the vehicle (not technically anyway).

My advice:dont carry a pillion that isnt experienced if they or you have had some of the old mother's ruin, obviously if it's your mrs and shes had a couple glasses with dinner or whatever, then i wouldnt fret on it. if she can talk straight and walk straight then no problem!
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Rogerborg
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PostPosted: 08:21 - 15 Aug 2012    Post subject: Reply with quote

Thelostone wrote:
As Mr Vincent suggested, CU50 - Causing or likely to cause danger by reason of load or passengers.

What's the statutory offence behind that though? It's amazing how much of our "laws" are just made up in the cop shop canteen or the local CPS/Fiscal lair.

Remember, being "done" for something is just the first step. Until it's gone through prosecution, conviction and then appeal to some actual grown up judges, it's largely just banging the table.
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Thelostone
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PostPosted: 09:28 - 15 Aug 2012    Post subject: Reply with quote

Rogerborg wrote:
Thelostone wrote:
As Mr Vincent suggested, CU50 - Causing or likely to cause danger by reason of load or passengers.

What's the statutory offence behind that though? It's amazing how much of our "laws" are just made up in the cop shop canteen or the local CPS/Fiscal lair.


Good point, it got me thinking and perusing the RTA but I can't find anything that gives a good fit. I think this is one for those with the right letters after their name.

Rogerborg wrote:
Remember, being "done" for something is just the first step. Until it's gone through prosecution, conviction and then appeal to some actual grown up judges, it's largely just banging the table.


Isn't this the point of fixed penalty notices? So they can very kindly give you a lower fine if you'll just shut up and accept their word for it.
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harscot
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PostPosted: 14:17 - 15 Aug 2012    Post subject: Reply with quote

Clapping Thumbs Up Karma Thank you everyone for your input, I also read up past threads on the subject and have come to the conclusion that, ( if her legs are around my head " RESULT " and some quick action, Laughing ) you just need to be more carefull and aware of pillions state, if to drunk forget it, if just a couple of wines then fine.

Vincent... Drunk in charge of a horse....Drunk in charge of a pram....Drunk in charge of ones self...and even Drunk in charge of a child...all reported in Newspapers over the years....makes you think!!!

Cheers
Harscot
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