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I think .. they can find a few other charges

Antisocial behaviour ,., breaching the peace .. disorderly conduct .. all under the 2002 Act re police powers.

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Thanks 'Steve', 'Safespeedv2', and 'In Gear' for the welcome. I promise to keep any posts to a minimum, succinct and erudite.



As I have always understood it, anything using the roads has to comply with the speed limit as the speed limit is applied to the road not what uses it (hope that makes sense).

In the incident stated above, the police officer pointed his radar gun at me, took his reading presumably, stood out in the road and pulled me over. He approached me and showed me the reading of 37 mph and said "I'm impressed" and smiled. He told me that I had broken the speed limit (30 mph) but as he could see I was under control and aware he wouldn't do anything. All was quite informal and jovial. I should add that there wasn't any other traffic around and this was out in the stix where policemen are generally allowed to be policemen.

Anyway, no doubt 'In Gear' will inform us about the legal sides of things if I'm wrong.

Speed limits (on public roads at least) only apply to motorised vehicles.

The non-application of speed limits to cyclists (and indeed pedestrians) is a consequence of there being no legal requirement for them to have a means of measuring their instantaneous speed. Which is an historic consequence of the fact that at the times these laws were first drafted there was no such device available.

In-Gear, despite his encyclopaedic knowledge of police work, is mistaken in this one matter.

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When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

I believe that's correct (sorry WHN), but cyclists can be charged and fined for reckless cycling and a less forgiving officer could nick for that in lieu.

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Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign

Sorry, I missed this error, where is it?

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Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign

I can do for anti-social.. furious cycling . reckless cycling . inconsiderate cyciling.. and
plenty more

Do visit our patch. I am sure we can teach a few lessons on the hard facts of law and life.

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But not speeding...

I was referring to In-Gear's insistence that cycling offences can be punished by penalties points on ones driving licence. This is contrary to all the legal advice I have ever taken. But that is not a criticism of him - a police officer's remit is to apprehend miscreants not to punish them. Though that was not evident at the G20 protests.

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When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

What a police officer can "do" yo for seems to be limited only by their imagination

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

I've no idea what this poster is going on about, he's just invented a series of laws that don't exist on the statute books. There are, in fact, no such laws and any police officer who attempted an arrest citing such laws would in all probability be kicked out of the force for making up offences.

Whilst it is true that there is no offence known to law as "furious cycling" , the term is usually used to refer to this part of S35 of the Offences Against the Person Act 1861 (bearing in mind that case law has established that a cycle is a carriage ):-



Inconsiderate, dangerous and careless cycling are prohibited by the Road Traffic Acts of 1988 and 1991 (See Highway Code #68). Section 2 of that act also sanction reckless cycling

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

Hello spindrift.

I think you might find it you look through the archives that IG has covered this by refering to S28/s29/s 30 /s31 of the RTA 1988 which relate to dangerous/careless and inconsiderate cycling. He's also referred to the 1861 Act more than once too.

He does not "make things up" and his posts have even shown a link to the gov site.

_________________
If you want to get to heaven - you have to raise a little hell!

Smilies are contagious
They are just like the flu
We use our smilies on YOU today
Now Good Causes are smiling too!

KEEP SMILING
It makes folk wonder just what you REALLY got up to last night!

Smily to penny.. penny to pound
safespeed prospers-smiles all round! !
But the real message? SMILE.. GO ON ! DO IT! and the world will smile with you!
Enjoy life! You only have the one bite at it.

If a police officer wants to "do" you he can always find something amongst the vast amount of legislation on the statute books.

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

Not directly, but for reckless cycling in lieu of: certainly!

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Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign

Sorry, but I still don't see it (certainly not in this thread anyway). Can you link to the post?

I wonder why you had taken legal advice on this

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Views expressed are personal opinions and are not necessarily shared by the Safe Speed campaign

http://www.safespeed.org.uk/forum/viewtopic.php?f=34&t=19230&st=0&sk=t&sd=a&start=140






Some years ago I was stopped by a policeman for crossing a red light on my bicycle. It was a fair cop and I pleaded guilty by post expecting just a fine. In due course the court wrote to me telling me that I had been found guilty, fined £x and had three point awarded. Would I please surrender my licence to the court for endorsement.

I immediately consulted my Uncle who as well as being a keen cyclist was also an ACC and held a law degree.. When he stopped laughing he advised me not to pay the fine, certainly not to surrender my licence and to consult a solicitor. I spoke to the CTC legal department and in due course I received a letter of apology from the court for their mistake. They also dropped the original charge.

_________________
When I see an adult on a bicycle, I do not despair for the future of the human race. H.G. Wells
When I see a youth in a motor car I do d.c.brown

we can endorse a cyclist's licence if the court judges that the behaviour warrants such - this may deter quite a few idiots out there

Good luck with that! It's pure, unmitigated garbage, any real police officer would know this.

stevegarrod writes:


You're doing it again!
This time with unedited swearing.
Loosing the Plot!
Folding under pressure.
SUSSED!

Re: Bad cyclists
Postby In Gear on Sat Dec 27, 2008 12:06






I have no idea who anyone is here, the arguments presented ought to stand or fall on their own merits.


I am merely positing that it is unlikely that a real, serving police officer would be so profoundly ignorant about the law.

Cyclists cannot have points added to their driving licence even if they cycle past Her Majesty firing laser death rays at the corgis whilst drunk, on fire, cycling the wrong way up a one-way street with no lights, brakes, clothes or eyesight.



If you disagree then feel free to explain why in gear is right.

I agree that all road users who break the law should be punished in the manner laid down by parliament.

But you cannot put points on the driving licence of someone who, quite legally, does not possess a driving licence.

The concept would punish cyclists who are also motorists more severely than cyclists who are not also motorists.


That's why it's a load of untrue bollocks that any real copper would know was a load of untrue bollocks.

Any explanations appreciated.