Legal loopholes

[shifty]

Anyone know the finer points of law concerning what you can and can't do?

In the UK I can go to the pub on an electric push bike, drink more than I should and my license remains intact. I can also do the same on a horse but its more effort when you get home.

My wife can ride a 50cc moped on her car license, what can you do in france.

These little facts make life so much more interesting don't they!

Is a ball race something between a vet and a tom cat?

[sid]

Hi Shifty

In the UK it is an offence to ride a cycle while under the influence of drink or drugs.

Are you differentiating between a normal pedal cycle and and electric one? I think they're both covered by the same Act. No penalty points on your licence of course; these offences are usually dealt with by means of a Fixed Penalty Ticket I believe.

Sid

[andyh4]

Sid,

 

not so sure about no penalty points.  I am sure that I have read of a cyclist who was done for drink driving when 18 years old and was banned for 12 months even though he had no licnce.  the comment was that when he got one he would immediately loose it.

 

 

I am sure SD will know

[sid]

Andy

I seem to remember a similar case some years ago too, but having searched the internet I cannot find any evidence of it. Perhaps one of those urban myths? It's not, after all, a driving offence if you're on a bike; you don't need a licence to ride so why should it affect your car licence?

I think it's different in other countries, Germany for example?

Sid

 

 

 

[LesFlamands]

A new law introduced in France on the 1st January 2011 means that you can no longer ride a motorbike up to 125cc on your car licence. You now have to do a 7 hour training course with a driving school. Not sure if this affects cyclo-motos (up to 50cc, no gears).

[NuBeginnings]

This is worth a try if you get flashed back in the U.K

If you get flashed they have 14 days to serve

you with the NIP if you have not received the NIP you may be able to wriggle out of it on a point of law. I have used this letter once, there was a bit of letter writing but in the end no points ! ( I was doing 36 in a 30 in my 600cc Hornet easily done )

I received your letter dated *********, the references for which are detailed above. I have enclosed a copy of the Notice sent to me recently, for ease of cross-reference.

You have written to me because I am the Registered Keeper of the vehicle mentioned in your Notice. My address is correct as per the details at DVLC, and the vehicle was not a Company car, and was neither hired nor borrowed.

No Officer spoke to me at the time of the alleged offence, and no accident took place. Also, no Police person has spoken with me at or near the time and place detailed in your Notice. The written Notice is the first indication from you of any intention to prosecute.

Your Notice details the alleged offence as VV:VVhrs on *********. The Notice is dated ********, and it came to me by post, received on ********.

Excluding the day of the alleged offence, this was **th day from the date detailed in your Notice.

Following discussions with the RAC Legal Helpline, please note that the Notice cannot be acted upon as it is time-expired. For this Notice to have been valid, it ought to have been with me within 14 days of the alleged offence [Gidden v Chief Constable of Humberside [2009] EWHC 2924 (Admin)].

It was suggested I write back to you immediately with these comments.

Yours sincerely

VVVVVVVVV

Registered Keeper

++++

[shifty]

My original query was to elicit the finer points of what you can 'get away with'.

Drunk in charge of a push bike, man or electric power will get you fined but I am assured not reflect on your car license

I am told if you loose your license in France you can still drive one of the small micro diesel cars, for which reason they are nicknamed the drunks car!

My wife can ride a moped or scooter up to 50cc in GB on a car license and Charles' comments appear to verify the same in France, I wonder if the electric bike is the same?