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VIC Rbt And Bac Limit

Discussion in 'Politics, Laws, Government & Insurance' started by smileedude, Nov 20, 2012.

  1. #1 smileedude, Nov 20, 2012
    Last edited by a moderator: Nov 21, 2012
    MOD: Posts split from [VIC] Anyone Forcibly Pulled Over For a 'Survey' in Healesville thread.

    Interesting, so a horse drawn cart can't get RBT'd.

  2. Neither can a cyclist. Can still get arrested for being drunk in public the same as a pedestrian though.
  3. Are you sure about that? A friend of mine in Perth got done for drunk cycling at an RBT. IIRC he was fined but not got given any points against his driving licence.
    • Like Like x 1
  4. Was he doing anything else illegal at the time, like riding on the footpath or not wearing a helmet (or just being a dick to the cops)?

    I believe they can breath test you if they've pulled you over for something else, but can't pull over a cyclist doing nothing wrong just for the purposes of an RBT any more than they can stop random people walking on the street and force them to do an RBT.
  5. http://www.abc.net.au/news/2009-11-02/cyclist-charged-after-blowing-028/1125572
  6. That's not a random breath test though. That's a blood alcohol measurement that's been taken as a result of a crash, and cops are allowed to test anyone involved in a crash.

    The normal drink driving charge relates to having over a prescribed blood alcohol concentration and is only applicable to motor vehicles (ie there's no such thing as a 0.05 limit for bicycles so don't see why the article bothers to mention it). There is a separate offence of driving under the influence which can be used for other vehicles or substances, but from what I can find that only seems to carry a maximum penalty of $500 for non motor vehicles.
  7. So why test him at all? Because he was a drunk road user, NOT a pedestrian. Random or not, your claim that cyclists arent allowed to be tested is false.
  8. Just as well I made no such claim.

    I simply stated that cyclists can't be stopped for a random breath test, and nothing in the article you posted suggests anything to the contrary. Testing someone who's crashed into a ditch is not random, and anyone including pedestrians involved in a serious road incident are tested for alcohol as a matter of course - whether Police believe they're drunk or not.

    Fact remains that if you're riding a bicycle within the law Police have no authority to force you to submit to a random breath test. Those laws/powers are only applicable to testing people for whether they exceed the prescribed alcohol limit, which is only applicable to motor vehicles. It's only illegal to be over 0.05 on a bicycle if the Police can prove in court that it impaired your ability to operate the bicycle in a safe manner - which is a tricky and time-consuming thing for the sake of a $500 fine.
  9. Check that. Do believe riding is considered being in control of a vehicle.
  10. Vehicle yes, motor vehicle no.

    As I've already explained (several times now) the law on RBT and BAC limit only applies to motor vehicles. It's all covered in Division 5 of the Road Traffic Act. Go read it yourself.
  11. guys that that to another thread, I wish I could split it but this new forum software is a steep learning curve.
  12. Wouldn't need a separate thread if people would just spend 5 minutes actually looking for information themselves, or read my posts properly :p :LOL: