cyclist prosecuted for drunk-cycling

Brendan Burgess

Brendan Burgess

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http://www.independent.ie/irish-new...lty-to-new-drunkcycling-offence-29759579.html


Ghanaian national Sylvanus Akpaku yesterday pleaded guilty at Ennis District Court to the new offence of 'drunk-cycling' under the 2010 Road Traffic Act.


Mr Akpaku, of Church View, Barefield, Ennis, Co Clare, pleaded guilty to driving a pedal cycle under the influence to such an extent as to be incapable of having proper control of the bicycle at Barefield, Ennis, on September 13 last.


Insp [broken link removed], who prosecuted the case, said yesterday that in his 12 years of prosecuting offences in the district court, it was the first time that he had come across anyone charged with 'drunk-cycling'.


Those convicted face fines of up to €2,000.
...Gda McDonagh said Mr Akpaku, a Leaving Cert student at Ennis Community College, was wearing no reflective gear, and when stopped by the garda patrol car the teenager was slurring his words and there was a smell of alcohol from him.


The 'drunk-cycling' charge was the first such charge to come before Judge Patrick Durcan and he told Insp Kennedy: "I don't think I can disqualify him from cycling, can I?"
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Road Traffic Act 2010

I have deleted the bits relating to horse drawn vehicles

6.—
(1) A person shall not, in a public place—
(a) ...
(b) drive or attempt to drive a pedal cycle, while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle or cycle.
...
2 (b) if the offence relates to a pedal cycle, he or she is liable on summary conviction to a fine not exceeding €2,000.

(4) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he or she may arrest the person without warrant.
 
Well I suppose that in all fairness if we are looking for equality on the roads that this should apply to everything. The €2,000 fine is substantial and should act as a deterrent.

I am surprised that there is no outpouring of objection from some rural quarters. I know of a number of rural people who have taken to the bike to go for a couple of pints since the enforcement of lowered drink driving limits.

Given that cycling speeds are lower and the potential harm that can be done by a cyclist would it be reasonable to suggest a higher blood alcohol limit could apply to cyclists?
 
Bonaparte said:
Given that cycling speeds are lower and the potential harm that can be done by a cyclist would it be reasonable to suggest a higher blood alcohol limit could apply to cyclists?
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Does the blood alochol limit apply to cyclists?


drive or attempt to drive a pedal cycle, while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle or cycle.
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I don't think that they have random breath tests for cyclists.

I think that the guy in Ennis got charged because he was weaving all over the place and because he had no lights.

I would personally be much more worried about my own safety cycling without lights than cycling under the influence of a few pints.

Brendan
 
Brendan Burgess said:
Does the blood alochol limit apply to cyclists?

I would personally be much more worried about my own safety cycling without lights than cycling under the influence of a few pints.

Brendan
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Hello Brendan,

Should you not be worried about your safety, in either case ? ... or dare I suggest, in the case of a drunken cyclist in a cycle lane crashing into you or forcing you into the way of a car perhaps ?

The blood alochol limit you reference below is a very good question, I don't know the answer but believe it should apply.

I know I have previously been quite vocal about bad cyclists, but this is ultimately down to peoples safety and whether we are talking about cyclists not obeying the rules of the road (breaking red lights, going on footpaths or the wrong way down a one way street) or talking about cyclists not being permitted to use their bikes when drinking, the same rules as for motorists should apply.

It's time that people (including, I suspect ... many of the Gardai) woke up to the importance of being safe, whether on a bike or in a car and thats not just for their own benefit, but also for those around them.
 
Brendan Burgess said:
I think that the guy in Ennis got charged because he was weaving all over the place and because he had no lights.

I would personally be much more worried about my own safety cycling without lights than cycling under the influence of a few pints.

Brendan
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The court reports do not mention lights, merely:

"Around 11pm on September 13 Akpaku was cycling in an erratic manner and was wearing no reflective gear. When he was stopped by Gardai he was slurring his words and there was a smell of alcohol from him."

What exaclty does the leglisation say about reflective gear?
 
Bonaparte said:
Well I suppose that in all fairness if we are looking for equality on the roads that this should apply to everything. The €2,000 fine is substantial and should act as a deterrent.
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Some time ago over here they changed the law and made all most all serious fines dependent on your income as it was felt that it would act a better deterrent. It seems to have had the desired effect on certain elements of society who treated fines as just a small cost...
 
Hi AJ

I had assumed that this meant he had no lights, but a strict reading could mean that he had lights and a reflector on the bike but just wasn't wearing reflective clothes.

I have a dynamo light on my bike back and front and I wear a reflective jacket. I have occasionally been out without my reflective jacket and come home in the dark. I certainly did not think it was an offence of any sort.
 
Bonaparte said:
I know of a number of rural people who have taken to the bike to go for a couple of pints since the enforcement of lowered drink driving limits.
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Regardless of the law, anyone who does this on country roads needs their head examined.
 
Jim2007 said:
Some time ago over here they changed the law and made all most all serious fines dependent on your income as it was felt that it would act a better deterrent. It seems to have had the desired effect on certain elements of society who treated fines as just a small cost...
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Hello,

I am not sure where you are based, but as far as Ireland is concerned I would have a concern that while this type of system might have a positive impact on those with more money, it would have a negative impact on those either with less or declaring less. Unless there was a mandatory minimum fine which was appropriate to the crime and only replaced by a mandatory jail term perhaps.
 
RichInSpirit said:
I think this is draconian.
Ireland must be the worst Nanny state in the World.
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Why?
Its borderline suicide to cycle on a rural, poorly or unlit road without a light, in dark clothes, without refectors and while under the influence of alcohol.
 
I frequently cycle to and from the pub, well frequently as a proportion of the number of times I go to the pub so maybe once a fortnight.
I have a maximum of 3 pints and then cycle home. The route is brightly lit and there’s cycle paths the whole way.
It would be illegal for me to drive home but I assume I’m still ok cycling.

I stay off the footpath and don't break red lights :D
 
Ditto for me Purple, except in Dublin. I regularly cycling home after 3 pints, as long as I have all my gear with me (helmet, lights etc.)
 
There was a case in 2012 (can't find a link to it now) where a drunk cyclist almost killed himself by cycling in front of traffic on Dame Street. On top of the fine, he was banned from driving for a number of years even though he didn't hold a licence at the time, so there is precedent. The guy was interviewed by RTE coming out of court, and despite the conviction, was still wondering who was going to compensate him for his injuries and loss of earnings!!!


Recent article on cyclist convictions in the Summer 2013 edition of the Cycling in Dublin newspaper, linked here,:

More than 2,600 cyclists were brought to court for road traffic offences committed between 2003 and 2011
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Hi Leo

Not sure if this is the case, but it's a similar one where a guy got banned for a year from driving.

http://www.independent.ie/irish-new...ving-ban-for-breaking-red-light-26661405.html

But Robert Pierse, the author of Road Traffic Law in [broken link removed], which is now in its fourth edition and a required source for lawyers involved in road traffic cases, said the judge was perfectly entitled to impose a driving ban for a cycling offence.

Mr Pierse added: "It is highly unusual but legal.
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