Safe Speed Forums

Police officers are not barristers or even magistrates. Their remit is to catch people who break the law not to sentence them. So a detailed knowledge of which behaviour is criminal is an essential requirement for them to do their job. A lack knowledge of the range of punishments available to the courts for those offences does not detract from their ability to apprehend offenders.

Though I do notice that he says "we can endorse a cyclist's licence" which i thought was the prerogative of the DVLA rather than of the police force. But, as the G20 demonstrated, the police these days do seem to be taken on the task of punishment on top of their other duties.

The police can't 'endorse' anything, this is O Level Law.

While that is technically correct, the fact remains that police officers can issue fixed penalty tickets with points for a variety of offences. As an example, in some areas they have the power to issue a fixed penalty of £200 and 6 points for no insurance offences. The DVLA actually put the points on the licence, but given that they have no power to refuse to do so it is the decision of the police officer which directly results in the endorsement.

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.

They could, however, be disqualified from driving.

They aren't technically dealing with the punishment are they, the fixed penalty is a payment to avoid a prosecution. At least that is my understanding. You agree to plead guilty, the police give a conditional offer of fixed penalty, the fine is not decided by the police. All highly technical, but ultimatley the police only enforce the law, the courts do the punishment bit.

the http://www.opsi.gov.uk/acts/acts2003/uk ... 44_en_1Pol

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.

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.

PART I continued

Page 3 of 18
Previous Next
First page 1 2 3 4 5 6 7 8 9 10 11 12 13 Last page
22 Leaving vehicles in dangerous positions If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road, he is guilty of an offence.
Other restrictions in interests of safety

23 Restriction of carriage of persons on motor cycles (1) Not more than one person in addition to the driver may be carried on a two-wheeled motor cycle.
(2) No person in addition to the driver may be carried on a two-wheeled motor cycle otherwise than sitting astride the motor cycle and on a proper seat securely fixed to the motor cycle behind the driver’s seat.
(3) If a person is carried on a motor cycle in contravention of this section, the driver of the motor cycle is guilty of an offence.
24 Restriction of carriage of persons on bicycles (1) Not more than one person may be carried on a road on a bicycle not propelled by mechanical power unless it is constructed or adapted for the carriage of more than one person.
(2) In this section—
(a) references to a person carried on a bicycle include references to a person riding the bicycle, and
(b) “road” includes bridleway.
(3) If a person is carried on a bicycle in contravention of subsection (1) above, each of the persons carried is guilty of an offence.
25 Tampering with motor vehicles If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person—
(a) gets on to the vehicle, or
(b) tampers with the brake or other part of its mechanism,
without lawful authority or reasonable cause he is guilty of an offence.
26 Holding or getting on to vehicle in order to be towed or carried (1) If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence.
(2) If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence.
27 Control of dogs on roads (1) A person who causes or permits a dog to be on a designated road without the dog being held on a lead is guilty of an offence.
(2) In this section “designated road” means a length of road specified by an order in that behalf of the local authority in whose area the length of road is situated.
(3) The powers which under subsection (2) above are exercisable by a local authority in England and Wales are, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, exercisable by either authority with the consent of the other.
(4) An order under this section may provide that subsection (1) above shall apply subject to such limitations or exceptions as may be specified in the order, and (without prejudice to the generality of this subsection) subsection (1) above does not apply to dogs proved—
(a) to be kept for driving or tending sheep or cattle in the course of a trade or business, or
(b) to have been at the material time in use under proper control for sporting purposes.
(5) An order under this section shall not be made except after consultation with the chief officer of police.
(6) The Secretary of State may make regulations—
(a) prescribing the procedure to be followed in connection with the making of orders under this section, and
(b) requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.
(7) In this section “local authority” means—
(a) in relation to England and Wales, the council of a county, metropolitan district or London borough or the Common Council of the City of London, and
(b) in relation to Scotland, a regional or islands council.
(8) The power conferred by this section to make an order includes power, exercisable in like manner and subject to the like conditions, to vary or revoke it.
Cycling offences and cycle racing

28 Reckless cycling A person who rides a cycle on a road recklessly is guilty of an offence.
In this section “road” includes a bridleway.
29 Careless, and inconsiderate, cycling If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.
In this section “road” includes a bridleway.
30 Cycling when under influence of drink or drugs (1) A person who, when riding a cycle on a road or other public place, is unfit to ride through drink or drugs (that is to say, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the cycle) is guilty of an offence.
(2) In Scotland a constable may arrest without warrant a person committing an offence under this section.
(3) In this section “road” includes a bridleway.
31 Regulation of cycle racing on public ways (1) A person who promotes or takes part in a race or trial of speed on a public way between cycles is guilty of an offence, unless the race or trial—
(a) is authorised, and
(b) is conducted in accordance with any conditions imposed,
by or under regulations under this section.
(2) The Secretary of State may by regulations authorise, or provide for authorising, for the purposes of subsection (1) above, the holding on a public way other than a bridleway—
(a) of races or trials of speed of any class or description, or
(b) of a particular race or trial of speed,
in such cases as may be prescribed and subject to such conditions as may be imposed by or under the regulations.
(3) Regulations under this section may—
(a) prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and
(b) make different provision for different classes or descriptions of race or trial.
(4) Without prejudice to any other powers exercisable in that behalf, the chief officer of police may give directions with respect to the movement of, or the route to be followed by, vehicular traffic during any period, being directions which it is necessary or expedient to give in relation to that period to prevent or mitigate—
(a) congestion or obstruction of traffic, or
(b) danger to or from traffic,
in consequence of the holding of a race or trial of speed authorised by or under regulations under this section.
(5) Directions under subsection (4) above may include a direction that any road or part of a road specified in the direction shall be closed during the period to vehicles or to vehicles of a class so specified.
(6) In this section “public way” means, in England and Wales, a public highway and, in Scotland, a public road and includes a bridleway but not a footpath.
32 Electrically assisted pedal cycles (1) An electrically assisted pedal cycle of a class specified in regulations made for the purposes of section 189 of this Act and section 140 of the [1984 c. 27.] Road Traffic Regulation Act 1984 shall not be driven on a road by a person under the age of fourteen.
(2) A person who—
(a) drives such a pedal cycle, or
(b) knowing or suspecting that another person is under the age of fourteen, causes or permits him to drive such a pedal cycle,
in contravention of subsection (1) above is guilty of an offence.

http://www.opsi.gov.uk/Acts/acts2003/ukpga_20030044_en_1


The law relating to ghost licences is embedded somewhere in this Act.

http://www.telegraph.co.uk/education/33 ... alert.html

This sentence was handed down because of the above Act.

There are others if I have the time to dig around for them.

But nothing showing that points can be given to people committing offences on cycles...