Cycling UK Forum

thirdcrank wrote: ↑20 Jul 2023, 12:48pmI give in.

You did well to last this long....

thirdcrank wrote: ↑20 Jul 2023, 12:48pmI give in.

x

thirdcrank wrote: ↑20 Jul 2023, 12:48pmI give in.

Well the OP did ask, as part of his post, whether it is correct that you can get points on your driving licence for a cycling offence. It is hardly much of a digression to ponder the implications of such a situation. Or are all threads now to be precise and to the point with no more general discussion at all? Anyone with definitive legal advice will provide it anyway. The OP has already had a few constructive suggestions about the way forward.

The OP did ask and was answered - it is not correct to get points on their driving licence for a cycling offence. The OP appears to have received in error, a FPN for for driving a motor vehicle through a red light, even though they were riding a pedal cycle at the time.

To answer your other point: While you can’t have your driving licence endorsed with penalty points because of an offence committed on a bicycle, any offence, including a cycling offence, could potentially result in disqualification from driving. This was also mentioned upthread e.g. see Jdsk's post here: viewtopic.php?p=1785148#p1785148

Sum wrote: ↑20 Jul 2023, 3:00pm The OP did ask and was answered - it is not correct to get points on their driving licence for a cycling offence. The OP appears to have received in error, a FPN for for driving a motor vehicle through a red light, even though they were riding a pedal cycle at the time.

To answer your other point: While you can’t have your driving licence endorsed with penalty points because of an offence committed on a bicycle, any offence, including a cycling offence, could potentially result in disqualification from driving. This was also mentioned upthread e.g. see Jdsk's post here: viewtopic.php?p=1785148#p1785148

So just to pick up on the highlighted point, in theory you can lose your driving licence due to something you do on a bicycle, but still be allowed to continue cycling. That is a little odd to say the least.

There must be sufficient reason for the disqualification, so if it was "odd" then it seems unlikely to happen in either theory or practice, errors aside. This is discussed in more detail by the links provided by Jdsk, PH, tim-b etc. upthread.

Edit: the links in tim-b posts gives some examples (case law) of actual usage, which may be useful here.

pwa wrote: ↑20 Jul 2023, 4:09pm

Sum wrote: ↑20 Jul 2023, 3:00pm The OP did ask and was answered - it is not correct to get points on their driving licence for a cycling offence. The OP appears to have received in error, a FPN for for driving a motor vehicle through a red light, even though they were riding a pedal cycle at the time.

To answer your other point: While you can’t have your driving licence endorsed with penalty points because of an offence committed on a bicycle, any offence, including a cycling offence, could potentially result in disqualification from driving. This was also mentioned upthread e.g. see Jdsk's post here: viewtopic.php?p=1785148#p1785148

So just to pick up on the highlighted point, in theory you can lose your driving licence due to something you do on a bicycle, but still be allowed to continue cycling. That is a little odd to say the least.

They must recon that you drive like you cycle. If you ride like an idiot on a bicycle , you might get yourself killed, but driving like an idiot in a car, you can get somebody else killed.

You could contact lawyer Mr Nick Loophole Freeman. He will get you off.

One assumes so long as the bike you are on allows mechanical propulsion by the turning of pedals, you shouldn't be given points.

If you ride an e-bike, you can get penalty points on your licence and/or be disqualified from driving if you commit any of the following: Driving while unfit through drink or drugs (RTA s. 4(1)) Being in charge while unfit through drink or drugs (RTA s.


https://ukcyclerules.wordpress.com/2010 ... 20drugs%20(RTA%20s.

I raised the question over whether or not the bike had assisted propulsion much earlier in the thread and I don’t believe it was ever answered.

Pinhead wrote: ↑3 Aug 2023, 7:51am If you ride an e-bike, you can get penalty points on your licence and/or be disqualified from driving if you commit any of the following: Driving while unfit through drink or drugs (RTA s. 4(1)) Being in charge while unfit through drink or drugs (RTA s.


https://ukcyclerules.wordpress.com/2010 ... 20drugs%20(RTA%20s.

That article seems to be wrong or maybe just out of date - there has been significant legislation since it was written in 2010. It's based on the assumption that an Electrically Assisted Pedal Cycle (EAPC) as defined in UK law is a "mechanically propelled vehicle". This government page explicitly states that an EAPC is not legally a motor vehicle. I don't much trust the current government but I'd believe that site rather than some random Internet blogger. (Unless of course there is a legal difference between a "motor vehicle" and a "mechanically propelled vehicle".)

Anybody giving advice in any sort of formal setting should be aware that their client may be asking the wrong question

Here, the "right" question is

How do I get the police to correct an error in the processing of a fixed penalty notice?

Unless of course there is a legal difference between a "motor vehicle" and a "mechanically propelled vehicle"

There is.
A s4 offence is committed by the driver/rider/person in charge of a MPV on a road or other public place and an EAPC is mechanically propelled (electric motor).
"Motor vehicle" adds an additional layer of definitions onto the base MPV

“motor vehicle” means, subject to section 20 of the M1Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads (s185 RTA 1988)
The UK Gov page that you linked to specifically mentions an exemption to the RTA 1988, but I can't see it on a quick read, maybe someone with a bit more time can

If someone under 14 years rides one then that's a separate offence and doesn't seem to change the EAPC status (s32 RTA 1988)