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Motorists, what to do about cyclists who constantly break the high way code???

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  • Nasqueron
    Nasqueron Posts: 11,043 Forumite
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    JP08 wrote: »
    Yes - because driving with a blood alcohol level above a set amount is a criminal offence.

    There is no such limit for cycling (possibly because they are so damned difficult when you are !!!!ed that it's 50/50 you even make it to the road :beer:). So it would have been a waste of (a) time, and (b) whatever bits of a breathalyser kit are one-use only.

    That's actually not true, it's covered under Section 30 of the Road Traffic Act 1988 and the The Licensing Act 1872.

    Being under the influence of drugs or drink on a bike has a maximum fine of £1000 or you could be done for dangerous cycling with a maximum fine of £2500. While you can't get points on your license for cycling offences, under the Powers of Criminal Courts (Sentencing) Act 2000 they can disqualify you from driving for any offence:
    The court by or before which a person is convicted of an offence committed after 31st December 1997 may, instead of or in addition to dealing with him in any other way, order him to be disqualified, for such period as it thinks fit, for holding or obtaining a driving licence.

    The issue is that the police cannot force a cyclist to provide a breath, blood or urine sample, they can only ask and if you refuse the CPS can't use that against you so it's very rare for prosecutions e.g. story below

    http://road.cc/content/news/85090-sussex-police-confirm-just-1-arrest-3-years-cycling-while-drunk

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • NBLondon
    NBLondon Posts: 5,721 Forumite
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    boliston wrote: »
    http://www.highwaycode.info/rule/170

    "watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way"
    I think that rule has only been around for less than 5 years? Given that many motorists never open the HC again after the morning of their driving test, I'm not surprised that it gets frequently ignored. Cyclists seem to actually be more aware of it - since a few of them think that furious bell-ringing as they swoop into the side turning is sufficient to overrule Rule 170 (and any No Entry/No Left Turn signs) and others are automatically wary of the pedestrian about to step straight out because all of their attention is on their phone and their coffee.
    I need to think of something new here...
  • facade
    facade Posts: 7,722 Forumite
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    It has been in there for at least 25 years, I used to escape from a factory at dinnertime with a crowd of other drones, and one chap used to delight in stepping straight off the kerb across junctions to the sound of screeching tyres and horns whilst shouting "Highway Code!"

    (Possibly dead now, I don't know........)


    Notice the rule is specific about turning IN, you can run people over crossing if you are emerging from the junction.........
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    Jlawson118 wrote: »
    I'm new to driving, but I was at a give way at a cross roads, about to cross to the other side, when it cleared of cars so I started moving, when a cyclist just came out of nowhere and I had to brake heavily to stop for him. He wasn't wearing high visibility clothing or anything, and he literally stopped right in front of me and pointed his fingers at his eyes and then me numerous times as if to say "Open your eyes.."
    What have you have learnt from your mistake?

    I was stationary next to the centre line opposite a t junction waiting to turn right. A woman waiting at the give way marking pulled out and drove straight into me. She didn't see me until I landed on her bonnet.
    A cyclist side on is 7 foot wide. It was broad daylight and I was stationary 8 feet in front of her. The witnesses saw me from 70 feet away.
  • facade
    facade Posts: 7,722 Forumite
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    Whatever happened to Road Safety campaigns?

    Something like this-

    http://creativepro.com/scanning-around-gene-dire-consequences-careless-bike-riding/
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • trinidadone
    trinidadone Posts: 3,377 Forumite
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    Nasqueron wrote: »
    That's actually not true, it's covered under Section 30 of the Road Traffic Act 1988 and the The Licensing Act 1872.

    Being under the influence of drugs or drink on a bike has a maximum fine of £1000 or you could be done for dangerous cycling with a maximum fine of £2500. While you can't get points on your license for cycling offences, under the Powers of Criminal Courts (Sentencing) Act 2000 they can disqualify you from driving for any offence:



    The issue is that the police cannot force a cyclist to provide a breath, blood or urine sample, they can only ask and if you refuse the CPS can't use that against you so it's very rare for prosecutions e.g. story below

    http://road.cc/content/news/85090-sussex-police-confirm-just-1-arrest-3-years-cycling-while-drunk

    That is interesting, thank you for that
    Trinidad - I have a number of needs. Don't shoot me down if i get something wrong!!
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    facade wrote: »
    Whatever happened to Road Safety campaigns?

    Something like this-

    http://creativepro.com/scanning-around-gene-dire-consequences-careless-bike-riding/
    Thats like a halloween version of road safety.
  • NBLondon
    NBLondon Posts: 5,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    facade wrote: »
    It has been in there for at least 25 years,
    I sit corrected! I don't remember it from when I learnt to drive 30 years ago. Mind you - I did actually go out and buy an updated copy a few years back because reading debates here made me think there must be new rules I'm not properly aware of.


    Here's a thought for you cyclists... the HC doesn't in this case require you to stop but that the pedestrian has priority. So I'd interpret that as passing in front of any pedestrian is breaking the rule but slowing slightly and passing behind all pedestrians with a reasonable gap is probably OK. For motorists, it's effectively stop as there would rarely be space to pass behind unless the pedestrian is 95% of the way across already. For motorcyclists? Pass behind with a bigger gap and low revs?
    I need to think of something new here...
  • Nasqueron
    Nasqueron Posts: 11,043 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    What have you have learnt from your mistake?

    I was stationary next to the centre line opposite a t junction waiting to turn right. A woman waiting at the give way marking pulled out and drove straight into me. She didn't see me until I landed on her bonnet.
    A cyclist side on is 7 foot wide. It was broad daylight and I was stationary 8 feet in front of her. The witnesses saw me from 70 feet away.

    Both the accidents I have had on my bike (car turning right across the road drove into me as I was cycling across the junction; car pulled out of a roundabout into me as I was crossing it) and the odd near miss (like a car coming out of a slip road onto a dual carriageway) have been in clear daylight wearing coloured tops, it's just bad drivers. The latter accident is still ongoing with the insurers 18 months later on what the damages will be on top of the costs - driver was prosecuted and ended up accepting one of those driver awareness courses as an alternative to points).

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • JP08
    JP08 Posts: 851 Forumite
    Nasqueron wrote: »
    That's actually not true, it's covered under Section 30 of the Road Traffic Act 1988 and the The Licensing Act 1872.

    Being under the influence of drugs or drink on a bike has a maximum fine of £1000 or you could be done for dangerous cycling with a maximum fine of £2500. While you can't get points on your license for cycling offences, under the Powers of Criminal Courts (Sentencing) Act 2000 they can disqualify you from driving for any offence:

    The issue is that the police cannot force a cyclist to provide a breath, blood or urine sample, they can only ask and if you refuse the CPS can't use that against you so it's very rare for prosecutions e.g. story below

    So what is the definition of "under the influence" ? Genuinely curious - is it the motoring measure - which as you say, you can't make a cyclist (or I assume horse rider or any non motorised conveyance using road user) produce, or something more woolly, as in obviously incapable of control of said conveyance ? Does that include being on your own two feet ?
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