Legal limit on a pushbike...

[acex1138]

I dusted off the bike this morning and in the news every few weeks when we have a 'blitz' in adel.... meaning sapol decided to pay overtime for some advertising and looking like they are doing their job and shoves some RBT's out, you always hear of someone being charged for drinking a goon sack and getting on a bike.


I was wondering what the law is regarding this, you'd think logically it couldn't be put on a license and it would go on the scales of public intoxication, where they only need to appear intoxicated to be charged etc,

I've had a few mates making the argument that because all offenses on a pushbike here count towards your license, you cant drink and ride on p's and if you drink and ride on your open license you need to be below .05


Which makes me wonder if you have no license ?.... its a bit confusing.


Reason why I ask.... i'm on P2's.... atm if i go out and have a CC which is 1.3 standard drinks according to my bretho im fine after 1 hour. if I have 2 of them im at .002 after 2 hours so if I got on my bike at that point i'd be guilty of DUI?

and yet you always see artsy's and hippies who dont have a license drink and ride all the time and most of the time (pretty sure splif and ride too) the cops dont care... they just seem to nab one every now and then.... and when I was in queensland heard of one guy getting done on his license for having .18

confusing as... anyone got an idea?

[detox_nath83]

u can get done riding a bike and talking on a mobile phone or DUI which goes on your license
as well on a horse man.. as far as i know u gotta be 0.00bac for p platers.....

its stupid...

[acex1138]

we have this coach service in adelaide actually drives a coach on the road, have seen this guy on the phone heaps of times while droving those horses....

would LOVE to see the cops do him.

[aaronevolution]

It's also illegal to ride your push bike with no hands.

[azkwazere]

you've got to be kidding me?
Are you serious?

Most retarded rules ever...

aZk.

[Jebadayah]

Not sure of other states, but here in WA I remember a friend drinking with family at christmas time, her and her cousin decided to go into Fremantle so they rode their pushies, got pulled over and breathalysed, they were both over and from memory got something like a $200 fine and 3 points each. It does raise an interesting point though, how can they attach demerit points to your license for being DUI in control of a vehicle you don't need a license for in the first place? And if you were to get done a few times and lose your license for points, you could still continue to ride the pushie. Very confusing law really.

[Astranomical]

Here in QLD you can get charged for drunk cycling, but you don't get demerit points.

[Adds_05]

as well on a horse man..

like this?

[Benjamin K]

Sad world we live in now a days, can't even have a few drinks and go for a cruise on the pushie. What has it come to... honestly

PS: This is the first time I have heard of this law. You'd think it'd be encouraged because it would get the knobs out of there 2 ton missiles!

[Crisis63]

I would think if I was stopped on my pushie and read over the limit my name would change and I would not have a drivers licence. Dont carry ID on your bike if you are going to have a few.

[Gravity]

Makes little sense, but I guess they're "road" rules as opposed to car or motorbike. Like if you're on a footpath it would be ok?

[BookMe]

A girl I know only had one point left on her green p's and got booked for not wearing a helmet on her bike. She lost one point for it, which made her lose her license. She took it to court and won though.

[Jebadayah]

I would think if I was stopped on my pushie and read over the limit my name would change and I would not have a drivers licence. Dont carry ID on your bike if you are going to have a few.

Then they would arrest you, and take you to the station until you can provide identification.

[DAKSTER]

Having enough trouble with sober cyclists on the roads. Take a taxi or bus, call a mate or family member.

Stay off the road, I dont want you to crash your bike in front of me, you'll smash the fibreglass again and I will feel like crap for having killed you as well (even though it will be you killing yourself).

You might not be a 2 ton missile on a bicycle but you are a very vulnerable and, when drunk, unpredictable obstacle on the road.

[TrikkBen]

Cyclists shouldn't be on the road full stop. They should be on the foot paths where is is safer for everyone, and to those who will say "they could hit someone walking"... yeh and a car could hit a cyclist... I'd rather someone get knocked down from a bike doing 20ks than a cyclist getting manged by a car doing 70... So whether they are sober or pissed as a fart it shouldn't matter they shouldn't be anywhere near the roads either way.

[monkeys437]

Having enough trouble with sober cyclists on the roads. Take a taxi or bus, call a mate or family member.

Stay off the road, I dont want you to crash your bike in front of me, you'll smash the fibreglass again and I will feel like crap for having killed you as well (even though it will be you killing yourself).

You might not be a 2 ton missile on a bicycle but you are a very vulnerable and, when drunk, unpredictable obstacle on the road.

The OP wasn't talking about riding a bike wasted. It was more the point does a Green P plater need to be on 0.00 BAC when riding a bike and if he happens to be on .002 or something (sober as a priest) would he get done the same penalty as driving a car. I think its a good question seeing as you don't need a license to ride on the road and its a point I researched a while back but I found it was a bit of a grey area and couldn't get a straight answer.

[discomat]

I would have thought you couldn't get done DUI in anything that isn't able to be registered for use on roads.

[DAKSTER]

The OP wasn't talking about riding a bike wasted. It was more the point does a Green P plater need to be on 0.00 BAC when riding a bike and if he happens to be on .002 or something (sober as a priest) would he get done the same penalty as driving a car. I think its a good question seeing as you don't need a license to ride on the road and its a point I researched a while back but I found it was a bit of a grey area and couldn't get a straight answer.

Then you run into trouble with the drink drive laws for cars too.

If .002 is 'sober as a priest' why cant you do it in a car?

If you share the road with a car, you are a car in my view, and the same penalties should apply. Run a red light on a bicycle and the law will get you if it sees you.

Ride on the footpath as drunk as you like, just dont veer onto the road, and be prepared to get sued by some pedestrian if you hit em and break one of their arms. Dont expect to sue your local council for your own medical bills either, like cars, DUI should void all claims.

Take a taxi or bus, call a mate or family member.

[Drawnnite]

i would be more worried if you could ride a bike that has 2 wheels perfectly straight if you had had a few drinks (to be over the limit)
in other words, if you couldnt walk straight i doubt you can ride straight =P

when on the roads on a bike all road rules apply.
you have to indicate (use your arms as blinkers pretty much)
have reflectors.
have brakes
not go over the speed limit.
wear a helmet

and to be honest i have never heard of someone being pulled over when riding a pushbike and being breath tested.
but you would have to be riding pretty terribly to have that done =P

[acarmody]

I would have thought you couldn't get done DUI in anything that isn't able to be registered for use on roads.

Certainly can, bicycle, go-kart, ride-on-mower, etc....

[Trayner]

What would happen if you loose your car license say for speeding , Then ride to work/school/etc .
Have a drink and be over the limit . What would they put the points too since you dont have a licence ?

[vkberlina]

I received a warning when I was at school years ago for speeding on my pushbike 84km/hr in a 60 zone. I was a decent hill before a long flat straight and tall gearing on the bike I think I would have been a little quicker at the bottom of the hill but I didnt slow much.

I was 16 at the time the warning was enough to pull my head in, plus I dont know if they had a charge for me.

Scott

[one_and_only2004]

I've always wondered if you could get done for speeding...

[acex1138]

I bought this up to my sisters husband the traffic cop.

He's dumbfounded on this as well, he said a while ago his partner who was a road nazi / public nuisance (says he's the only guy who's given someone a J-walking fine, and on a clear road at 1am as well.)

He wanted to book a guy for DUI.... cept heres the thing...

He wasn't driving a car.... or riding a bike..... he was in one of those RADIO FLYER carts...... you know the things kids play with..... he was sitting in there and his mate who had a few (not as much) was pulling him along.

Stopped and questioned them ascertained he'd had a few, and his mate had a few too many, the little nazi threaten to DUI them for the vehicle.... and my sisters husband stepped in and introduced common sense, asked them where they were going, got told the guy in the cart had a few too many and he was being a good mate and getting him home as he knew he couldnt drive.

Little nazi cop then starts mouthing off about how they were probably going to get more alcohol and he was then going to do them for public intoxication.


Sisters husband made the little nazi calm down and just said we'll offer them a ride home which they took them up on and yeah, this douche just wanted to book them.

[detox_nath83]

i dont understand, it dont have a motor ffs... so why they do it.... its getting so silly... ppl only used to wear helmets coz the bloody maggies or plovers would swoop at ya.... that was us anyways... cops used to say if they caught u. "make sure i dont see u riding again without a helmet on" that was it.. they didnt care,,..
Nanny state