Bicycle rider loses driving license for DUI

[13Speed]

It was heard on Sydney radio station 2GB on 15 March 2006
that a NSW bicycle rider lost his driving license for riding his bicycle
whilst under the infuence of alcohol.

The same thing happened on Anzac Day about April 2003
to a rider of a horse in the Hills District of NW Sydney.

 

[dan4923]

Sounds fair enough to me. Perhaps they should really punish him/her and take away his/her bike for 12 months!

 

[blinddog]

Easy way to avoid that - don't have a drivers license in the first place

 

[jur]

It was heard on Sydney radio station 2GB on 15 March 2006
that a NSW bicycle rider lost his driving license for riding his bicycle
whilst under the infuence of alcohol.

The same thing happened on Anzac Day about April 2003
to a rider of a horse in the Hills District of NW Sydney.

This is contestable in court. There is no provision in the law for a cyclist having to be under .05% (at least in Victoria), and they can't treat you as a motorist. You could be charged under a different law which provides for driving a carriage while under the influence, but they have to prove you are drunk.

Here is an extract of a memo from the Victorian Police:

"The provisions of the Road Safety Act, 1986, relating to drink driving refer
to the drivers or riders of motor vehicles. A bicycle in its true sense
does not fall into the category of a motor vehicle. Some of the power
assisted bicycles can and do fall into this category, but not the standard
pedal powered model.
Therefore the provisions relating to Preliminary Breath Tests and 0.00% or
0.05% do not apply to the riders of bicycles.
There is still an offence in the Summary Offences Act, 1966, of being drunk
in charge of a carriage, and the definition of carriage can be extended to
include bicycle.
This office actively discourages people from riding a bicycle, or any
vehicle, while affected by alcohol to any extent. Bicycle riders are more
likely to be injured in a collision than almost any other road user.
Alcohol greatly increases their chances of being involved in an accident."

The definition of a carriage could be extended to include a bicycle. But they can't take away your license under that law. You do not need a drivers license to drive a carriage, or a bicycle for that matter.

 

[DJA]

Just remember that the bike is a vehicle and most laws apply to the use of a vehicle. So be careful what you do as a cyclist as it reflects on all cyclists!!

Here an example that really happened.

"I was ride on Beach rd and stopped at red light the driver that also stop at the light started to abuse me for the 3 rides in front of me that did not stop and ran the red light. I pointed out to her that I did not know them and that I was no more responsible for their act they she was."

 

[gclark8]

In WA the rules of the road apply to everyone, bike, walk, drive. Riding (a bike) while under driving suspension is usually at the discression of the Magistrate. From a friend, after her 3rd DUI conviction, no bike!

 

[charliechops]

A friend of my old boy was pushing his Harley Davidson back from a show a few years ago in Briz vegas and got done for DUI?????Go figure...didn't even have the keys with him apparently.