Welcome to Netrider ... Connecting Riders!

Interested in talking motorbikes with a terrific community of riders?
Signup (it's quick and free) to join the discussions and access the full suite of tools and information that Netrider has to offer.

NSW Drinking and cycling

Discussion in 'Politics, Laws, Government & Insurance' started by philmydang, May 19, 2011.

  1. Can I get fined for riding a bicycle whilst drunk?

    Was pondering the thought of having a bender with some mates on Friday and then having us all cycle home at 2am in the morning.

  2. Yes.

    Well, probably. I'm not intimately familiar with NSW legislation but several other states have provisions prohibiting it.

    It's only a fairly nominal fine, though (probably :D) and won't affect your drivers license (probably:D).

    I suspect you'd also have to be very pissed indeed or doing something fairly obvious before the coppers would take much of an interest.
  3. Damn, better scrap the Koala suits then.

    Out of interest what would the fine be for?
  4. Depends on the police.
    My last year of school we had a fridge to fridge in which cops checked us out twice, first time round the bloke just told us to take it easy, and the second time was later in the afternoon when the majority were well on their way to being smashed, they just checked licences to make sure everyone was eighteen, and some people were under age but they didn't even issue any fines out of anything.

    Another time was on Christmas Eve when we dressed up as Santa, there was probably 50 of us all up, one guy was fined for something unrelated to drinking while riding a bike but can't recall what it was for.

    If you do ride smashed then just take it easy lol, if your mates are anything like mine then someone is going to try get a full ball up a gutter to try get air and then hit a part of a tree, then just ask them if they're sure they want to go through with it lol.
  5. Pissed idiots on bicycles in the middle of the road at night. This should be fun.:wink:

    In Victoria the potential charge is "drunk in charge of a carriage" with a maximum penalty of 2 months jail or $1100 fine. Police cannot breathalyse cyclists but need only form the opinion that they are drunk for that charge to stick. Driving license is not affected unless they add a 'careless driving' charge. A simple public drunkenness charge is more common.

    Free societies may have different rules. You'll probably be ok.
  6. If they feel the need they'll find something to fine you with...
  7. I'm not proud to say but in my younger days I would regularly ride my bike home from the pub completely smashed. One night I was with a mate and we were egging each other on a bit, crashed into a parked car while going 'no-hands' and broke a rib.

    Edit: Just googling a bit apparently you can be issued a summons but you don't have to take a breath-test, it is up to the cop's discretion. If the cop isn't a ******** (50/50 chance) and you aren't being stupid they'll probably let leave you be.
  8. You might not be but I am :D.
  9. Under the Queensland Road Rules bicycles are considered vehicles, so people riding bicycles must obey all the general road rules. As legitimate road users, they have the same rights and responsibilities as other vehicle operators

    The Transport Operations (Road Use Management) Act says that you can be charged with drink driving if you are operating a motor vehicle, tram, train or vessel. This therefore means that in addition to cars and motorbikes, you can be charged with drink driving trains, ships, ferries and any other type of motorised transport that moves on wheels.

    However this Act then goes further to say that you can also be charged with drink driving a horse or other animal, as well as any non-motorised vehicle. This means that if you are found to be for example riding a horse with a blood alcohol concentration that exceeds the legal limit, you can be charged and convicted of drink driving. Similarly, you can be charged and convicted of drink driving a bicycle or a skateboard, as both of these forms of transport fall within the definition of a "vehicle".

    The maximum penalty for drink driving an animal or a non-motorised vehicle is $4,000 or 9 months imprisonment but generally does not involve any licence disqualification.

    Many people are caught out by this law as they do not realise that the drink driving offence goes beyond cars and motorbikes. To make matters worse, this situation often arises after a person has had their car licence disqualified for drink driving and the person subsequently uses a bicycle to get around during the disqualification period. If they are caught drink driving the bicycle, they will be charged with their second drink driving offence which will increase any penalty they will receive.

    The lesson to be learnt here is that if you need to go somewhere after a few drinks, your best options are to have someone else drive you or, if it is safe to do so, simply walk.
  10. Haven't tried it for decades but last time I did I only got about 5 metres before I had fallen off.
  11. I was riding home with someone a decade ago or so ago, we'd just been to the pub. Cops pulled us over and breathalysed us. I was under 0.05 but he wasn't and ended up with a low level DUI.

    Ahhh, fun times. He never lived that down.
  12. Law 101. Yes.
    You can be fined riding a horse drunk - even if it's a homing horse
  13. Yes, you can be fined, but you will need to be a proper public nuisance at the time for them to worry about you in the first place. Even pitched battle bar fights normally only result in pepper spray and a maybe a free lift to the local train station if you're lucky.
  14. This is pretty much the way it is...
    No need to be under .05 either as it doesn't apply to bicycles..
    It falls under being a nuisance, drunk in a public place, etc....

  15. This is the quote of the decade.

    That is all.
  16. This or a real cock of a copper.

    should be 0.08 or even 0.1 for push bikes, to encourage people not to take the car.
  17. In Victoria bicycle riders are also accountable to the same "using a hand held mobile while in charge of a carriage" law (or whatever law it is). On top of that, last time I checked, the hit and run fine for a collision with a pedestrian was higher than that for a car.

    Welcome to kneejerk talk back law making.
  18. The Murdock muckraker in Sydney has a poll today wanting to make it illegal to Plank.
  19. I'm deeply disappointed in the youth of today if the worst moral panic that can be manufactured about their behaviour is about the dangers of lying prone and having their photo taken.
  20. Now some Adelaide girls school has sent home 22 girls for Planking on stairs. I'd be pissed big time with the school if they'd sent home my girl, whom I was paying to have educated, for lying down on some stairs.