Breathalyser buster cyclist brings police warning

In article ,
Terry Collins wrote:

Okay, who rattled their cage?

It seems like it takes a bit of rattling: "where people are grossly
intoxicated and causing a nuisance to other people and quite frankly a
danger to...[themselves] and other road users, that's when enforcement
action has to be taken." Sounds like a fair bit of leeway to me...

--
Shane Stanley

Terry Collins wrote:
http://www.abc.net.au/news/newsitems...3/s1333936.htm

Okay, who rattled their cage?

"Southern Regional Inspector Wayne Woods says cyclists need to abide by
the same alcohol limits as motorists."

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.

Mike wrote:
Terry Collins wrote:

http://www.abc.net.au/news/newsitems...3/s1333936.htm

Okay, who rattled their cage?


"Southern Regional Inspector Wayne Woods says cyclists need to abide by
the same alcohol limits as motorists."

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.

Is that true? Anyone want to provide a reference to a law?

Not that I ever ride drunk... but I would like to know.

Paul

(Peter McCallum) wrote in
om.au:

flyingdutch wrote:

Terry Collins Wrote:
http://www.abc.net.au/news/newsitems...3/s1333936.htm

Okay, who rattled their cage?



Under the Qld law a cyclist can be charged with being under the
influence of alcohol. There is no strict definition of what "under the
influence" means. In another part of the law it says that a driver of
a motor vehicle who has a blood alcohol concentration of greater than
0.15 per cent is automatically deemed to be under the influence of
alcohol. So it seems you can drink around three times as much as
drivers and still be legal.

Peter


Under Qld law you can refuse a breath test but not a blood test assuming
there is a suitable venue. Recently changed and it is an offence to
fail to provide a sample.

If there is cause to administer a test anyone who is in charge of a
vehicle can be booked. Assuming that the person is not driving a heavy
vehicle on a National Heavy License then 0.05 is the defining limit. In
addition to the laws as written there is a signficant amount case law on
point. Recent examples include a women with her daughter (a learner)
driving. Since she was in charge of the vehicle she was booked.

The horse is more of a problem. A horse is specifically excluded under
traffic regs as a vehicle. But they can do you for failing to control
an horse near a roadway.

Going way back there was a case in Rockhampton where an over zealous
policeman booked someone riding home from the pub. The horse knew the
way and it was a regular event which every one knew. The magistrate had
no choice but to fine the rider 1 pound. He then turned around and
fined the police 100 pounds for wasting his time. The magistrate was my
uncle.

Don't think this will happen anymore.

Cheers

Brett

"Terry Collins" wrote in message
...
Peter McCallum wrote:

GPLama wrote:

I thought a bogan was someone who lived in a suburban wasteland,
certainly not a description that could be applied to Cunnamulla.

It is okay, we understand this but sometime the Caffe Lattee set have to
fudge it {:-).

Personally, anyone riding any sort of bicycle is preferrable.

Bogan - predatory creature, often host to a species of pilot fish known as
"the mullet".

Mullet - These magnificent creatures come in various colours and shapes and
although not as prolific as they were in the 80s, they are perhaps still
best known for the annual Eastwards "migration of the mullets" to Canberra
at the start of each year. Thousands of mullets congregate with their host
bogans for a week long mating ritual where they consume excess amounts of VB
in an attempt to impress the females of the species. A little known fact is
that the collective noun for Mullet is Summernats.

Gags (who always feels comfortable riding past the Summernats venue in
lycra)

(Peter McCallum) wrote in
om.au:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.


Didn't somebody get booked for riding a skateboad when dressed
in a tutu? I seem to remember that he was a bar attendent for
one of the Paddington (Brisbane) pubs.

Quokka wrote:
Mike wrote:

Terry Collins wrote:

http://www.abc.net.au/news/newsitems...3/s1333936.htm

Okay, who rattled their cage?



"Southern Regional Inspector Wayne Woods says cyclists need to abide
by the same alcohol limits as motorists."

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.


Is that true? Anyone want to provide a reference to a law?

Not that I ever ride drunk... but I would like to know.

Paul

http://www.slp.wa.gov.au/statutes/sw...OpenForm&Seq=2

See Sections 63-72 "Driving of vehicles: alcohol and drug related offences"

The entire section specifically mentions that offences are related to
motor Vehicles which are defined as:
"motor vehicle" means a self-propelled vehicle that is not operated on
rails; and the expression includes a trailer, semi-trailer or caravan
while attached to a motor vehicle, but does not include a power assisted
pedal cycle;

As far as I can see, cyclists, horse riders, etc are not covered under
the drink driving laws of WA. Of course IANAL, YMMV

--
Brett

Peter Gordon wrote:

(Peter McCallum) wrote in
om.au:

In Qld you can just refuse to provide a sample of breath regardless of
whether you have caused an accident, etc. The police have no power to
demand a breath/blood/urine sample in the case of cyclists (or
pedestrians or horse riders or anyone else who's not in control of a
motor vehicle, tram, train or vessel). I imagine this is the same in
other states/territories.


Didn't somebody get booked for riding a skateboad when dressed
in a tutu? I seem to remember that he was a bar attendent for
one of the Paddington (Brisbane) pubs.

yes (well it was rollerblades, fairy wings and a tutu) but the
magistrate tossed it out of court

--
Peter McCallum
Mackay Qld AUSTRALIA

Quokka wrote:

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.

Seems to apply to other states too, from other posts.

Is that true? Anyone want to provide a reference to a law?

I earlier posted:
http://groups.google.com.au/groups?q...ka .wn.com.au

- Road Traffic Code, 2002, sec 229(a):
"shall not ride a bicycle while under the influence of alcohol ... to
such an extent as to be incapable of having proper control of the
bicycle." Penalty: 2 units. ($100?) No demerits.

For a motor vehicle, DUI (same wording) is assumed if blood alcohol
is over 0.15, but that doesn't apply to cyclists.

- The Road Traffic Act only sets limits for motorists.


Not that I ever ride drunk... but I would like to know.

There is a big gap between "over 0.05" and "drunk".

Paul

Mike wrote:

Quokka wrote:

Thank the Gods that doesn't apply in W.A., where its a small
fine for cycling under influence, but no set blood-alcohol limit.


Seems to apply to other states too, from other posts.

Is that true? Anyone want to provide a reference to a law?


I earlier posted:
http://groups.google.com.au/groups?q...ka .wn.com.au


- Road Traffic Code, 2002, sec 229(a):
"shall not ride a bicycle while under the influence of alcohol ... to
such an extent as to be incapable of having proper control of the
bicycle." Penalty: 2 units. ($100?) No demerits.

For a motor vehicle, DUI (same wording) is assumed if blood alcohol
is over 0.15, but that doesn't apply to cyclists.

- The Road Traffic Act only sets limits for motorists.


Thanks for the clarification...

Explains why everything in it referred to Motor Vehicle...

--
Brett