Drunk cycling - Can lose Driving License

craichoe

So,

Found out recently that in Holland (where i live) you can lose your driving license for cycling a bicycle while under the influence (Also in Germany and Poland as far as i know) Whats yere take on it ?

In Ireland i know lads in the country that drive to the pub with a bicycle in the boot and then cycle home leaving the car in the car park after a few jars.

In Holland if the cops catch you, you get breathalised and taken in a paddy wagon to a station. Court appearance is mandatory !

KTRIC

One of the lads in the office was talking about his mate recently that was caught cycling under the influence whilst disqualified from driving and is facing a year in jail for his trouble :eek:

mikemac

But what if you don't have a driving licence.

So suppose a student who doesn't drive and a middle-aged motorists who drives and cycles both appear in court for drunken cycling.

One loses their licence and the other doesn't get the same punishment? Would the student be barred from getting a licence?

Plug

amazingly you can still smoke hash.

craichoe

Plug wrote: »

amazingly you can still smoke hash.

Amazingly you can, but you could do that anywhere ! Its not LEGAL in Holland either, just Decriminalised which is different altogether. In June when the smoking ban comes in, If you want to smoke weed in a coffee shop thats fine, but if you want to have a cigarette you'll have to go outside.

On the student thing, well apparently it sticks till they get their license, they'll pass their test then have to wait until the sentence runs out.

peasant

In Germany you can even loose your driving licence if you're drunk on foot.

As soon as you interfere with traffic and cause an accident, that is. Say you're so sloshed that while your crawling home you step into the road and cause an accident ...if you have a driving licence, that's it.

As a cyclist you partake in traffic the same way a motorist would, so the same alcohol limits apply.
Once again, they don't usually breathalise or stop cyclists ...but if you're obviously drunk ...that's it again.

Fey!

Would it be possible to go so far as if you lose your drivers license as a result of drunken cycling, then you're also barred from cycling for the same period? Maybe use manacles to do something similar to drunken walkers....

I must put these on my list of "things to implement when I rule the world"!!!

seamus

It's not a bad idea in theory. Although bikes generally move more slowly, that doesn't protect you when you swerve/fall in front of a truck. So if your driving privileges are at risk because of your cycling, I'd say a lot more people would avoid doing it. In Holland in particular though, drunken cyclists pose a danger to a lot more people and could end up causing nasty accidents with other cyclists.

Personally, I'd like to see people's driving privileges put at risk for a lot more than just driving offences. In some states in the US for example, under-21's found drunk (anywhere) can have their licence taken for 30 days. In the US, the car is a status symbol and is seen as an essential for teenagers, so this is pretty effective.

People would feel the loss of their car for a short period, a lot more than they'd feel the loss of a few hundred euro. Littering? Banned for 30 days. Breach of the peace? Banned for 30 days.
It would also be a more public punishment too. You don't have to explain to people why you're a few hundred euro shorter, but you will have to explain when you say that you can't drive. Imagine having to tell your mates that you can't drive because you threw chewing gum on the ground? You'd look like a moron.

B00MSTICK

^^ I like that idea.

Friend of mine was done for cycling while intoxicated, can't remember what exactly happened to him, pretty sure he had to appear in court...

Del2005

All road traffic penalties apply when cycling. You are using the road so are governed by the rules of the road.

It's just that people rarely get done for anything while cycling so we/they think they are above the law.

_feedback_

Like that stuff Seamus is talking about.. wouldn't work here as fines are essential part of anything here!

Friend of mine was stopped while cycling under the influence. He was plastered. They threw the bike in the back of the van and he collected it the following day with no fine/punishment. That's going back a good few years now though.

bandit197

seamus wrote: »

You don't have to explain to people why you're a few hundred euro shorter, but you will have to explain when you say that you can't drive. Imagine having to tell your mates that you can't drive because you threw chewing gum on the ground? You'd look like a moron.

:eek:LOL Why stop there? Why not take away your passport too. Im sorry but having your driving licence taken away for dropping chewing gum on the ground is the most ridiculous thing Ive heard in a while. What sort of a country do you want to live in??

seamus

bandit197 wrote: »

Why not take away your passport too. Im sorry but having your driving licence taken away for dropping chewing gum on the ground is the most ridiculous thing Ive heard in a while. What sort of a country do you want to live in??

It would punitive more than restrictive. Taking away a passport would prevent someone from travelling. Taking away a driving licence just prevents them from having the privilege of driving.

I don't see how taking a driving licence for 30 days is somehow more draconian than being fined €2000? Surely the fine is the worse of the two punishments?

Steve

seamus wrote: »

I don't see how taking a driving licence for 30 days is somehow more draconian than being fined €2000? Surely the fine is the worse of the two punishments?

It is if you lose your job because you need to drive.
€2000 wouldn't last long paying taxi fares everywhere for a month.

Ban chewing gum outright FTW:pac:

seamus

Well obviously, you'd need to give due consideration to the punishment. Losing your job for a bit of litter isn't exactly a resonable response. Where someone can't be banned (no licence) or shouldn't be banned, you just revert to the old fine system.

Why would you take taxis everywhere? Cycle and bus :pac:

cyclopath2001

peasant wrote: »

As a cyclist you partake in traffic the same way a motorist would, so the same alcohol limits apply.
Once again, they don't usually breathalise or stop cyclists ...but if you're obviously drunk ...that's it again.

To be pedantic, alcohol limits don't apply to cyclists, this may explain why cyclists are not breathalysed. But a Garda can prosecute a cyclist for being drunk in charge of a bicycle, it's a technically a different law to that which applies to motorists. I'd imagine the manner in which the bike is being ridden will speak for itself.

In extreme cases the matter is decided by Judge Darwin long before it ever gets to court.

Steve

Is it illegal to be drunk in charge of a horse?

Or to put it a different way - it it illegal to be brought home drunk by a perfectly sober horse that happens to know its own way home?;)


Maybe our piebald owning friends know something we dont...

Blitzkrieger

cyclopath2001 wrote: »

a Garda can prosecute a cyclist for being drunk in charge of a bicycle

What he said. It doesn't affect your driving license but it's still an offense because you're drunk in charge of a vehicle.

stevec wrote: »

Is it illegal to be drunk in charge of a horse?

Good question. I'd say probably. I heard of a guy who routinely brough a horse and trap to the pub, then slept while the horse made it's own way home. He could have been prosecuted because, again, he was in charge of a vehicle. I'd say if you're in charge of an animal on a public road you'd be done for being pissed.

UrbanFox

cyclopath2001 wrote: »

To be pedantic, alcohol limits don't apply to cyclists, this may explain why cyclists are not breathalysed. But a Garda can prosecute a cyclist for being drunk in charge of a bicycle, it's a technically a different law to that which applies to motorists. I'd imagine the manner in which the bike is being ridden will speak for itself.

In extreme cases the matter is decided by Judge Darwin long before it ever gets to court.

Is this like to the old S. 49 / RTA 1961 type drink driving prosecution where the evidence is qualitative as distinct from being based on the numbers from an intoxilizer (sp ?) ?

Can a garda demand a breath specimen from a cyclist in a public place ?

Can I be done for speeding on my bicycle ?

They have a lovely new gizmo in the Dun Laoghaire harbour approaches which flicks up a large digital type read out of your speed. Apparently there is a speed limit on the roads around the harbour area of 30 km/hour. Three mates and I tested it out last Saturday - on our bikes - and we were able to break the limit with no problem ! In mitigation we were going up the hill and there was a following wind.

Balfa

seamus wrote: »

Why would you take taxis everywhere? Cycle and bus :pac:

No buses operate within 10 miles of my house, and I don't think I could physically cycle 68 miles a day to work and back without dying.

But in general, I like the idea. It's kind of similar to house arrest.

cyclopath2001

UrbanFox wrote: »

Can I be done for speeding on my bicycle ?

Technically no, but you could be done for dangerous driving if the laws of physics (or Darwin...) didn't intervene first.

astraboy

And I'm sure if an unreasonably low speed limit was placed on Dublins Cycle tracks, Cyclopath and co would obey without questioning the clearly stupid restriction.....:cool::rolleyes:

I know from being on a J1 that cycling in the US drunk is treated the same as a car, ie, you are still charged for DUI and face a fine and court appearance. If your on a bike drunk you are mainly a danger to just yourself, but if you end up causing an accident I suppose that is where the risk lies.

On a side note I do know a guy that now brings a horse and trap to the pub on a Sunday! Thats in the middle of the country though, doubt it would work in Cork or Dublin.

KTRIC

AFAIK you can be done for being in charge of livestock , not sure if horses come into that.

Stonemason

I would like to know for sure coz im thinking of getting an power asisted bike that looks like a scooter.IT is a bike legaly not to be confused with an electric scooter.My point being is my licence safe if i get caught after say 6 pints(should be able to ride after that many .I can get Knicked for something and fined but as there is no insurance/tax or even helmet involed surely they cant take your licence away.

tdc

i do that myself sometimes, hope the law doesn't come over here :pac:

tdc

Stonemason wrote: »

I would like to know for sure coz im thinking of getting an power asisted bike that looks like a scooter.IT is a bike legaly not to be confused with an electric scooter.My point being is my licence safe if i get caught after say 6 pints(should be able to ride after that many .I can get Knicked for something and fined but as there is no insurance/tax or even helmet involed surely they cant take your licence away.

more hassle than its worth really! :pac:

cyclopath2001

Stonemason wrote: »

I would like to know for sure coz im thinking of getting an power asisted bike that looks like a scooter.

The electric bikes are restricted to 25kph, so that should limit any damage you might cause. The biggest risk after 6 pints would be that you'd hurt yourself. If you're a regular pint drinker, it's aloso possible that an electric bike won't be able to make even 25kph carrying you and the inevitable paunch.

It's probably still possible to lose your driving license if the judge decides to take it. Cycling while drunk is illegal, it's just that it's a different law to the one for driving while over the limit. In theory, you could be under the driving alcohol limit and still drunk enough to break the 'cycling while drunk' law.

Run_to_da_hills

You would have no trouble making your way back pi**ed from a pub on one of these because its technically not a bicycle, it is also exempt from having brakes or lights.

Esel

Stonemason wrote: »

I would like to know for sure coz im thinking of getting an power asisted bike that looks like a scooter.IT is a bike legaly not to be confused with an electric scooter.My point being is my licence safe if i get caught after say 6 pints(should be able to ride after that many .I can get Knicked for something and fined but as there is no insurance/tax or even helmet involed surely they cant take your licence away.

It has to be pedal-assist only to qualify - i.e. the motor only kicks in when you are pedalling.

Oh, and please put a space after your full stops!

Stonemason

Thanks for the replies. (large enough space esel ?).

It is worth getting one of these if my license is preserved.

I live 3 miles from my local village so unless i want to stay in and go slowly mad or become an alcoholic then i don't have much of an option.

The truth is people like myself that live in the country don't have access to taxi's,buses ect ect. I personally cant afford to lose my license as i work 20 miles from where i live and there is no public transport to speak of.

I am just trying to be realistic, i do like a pint, i do like to be part of my local community, i do follow the law,But I wont walk 6 miles for a pint and a chat.

EternalSunshine

craichoe wrote: »

So,

Found out recently that in Holland (where i live) you can lose your driving license for cycling a bicycle while under the influence (Also in Germany and Poland as far as i know) Whats yere take on it ?

In Ireland i know lads in the country that drive to the pub with a bicycle in the boot and then cycle home leaving the car in the car park after a few jars.

In Holland if the cops catch you, you get breathalised and taken in a paddy wagon to a station. Court appearance is mandatory !

I also live in Holland and whilst that rule is true, it is rarely enforced. You would have to be seriously all over the road on your bike. Everyone drinks and cycles around amsterdam.