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We’ve all been there, crossing a road when the traffic light has turned red signalling vehicles to stop and a cyclist zips past you having no regard to the stoplight. You’ve jumped out of your skin but they are long gone before you can utter your remonstration.  You look to the heavens in despair and just get on with your day.  Are the cyclist’s actions criminal though? 

It must be said firstly that the majority of cyclists are safe, law abiding road users.  The commentary that follows is aimed at the few that find themselves on the wrong side of the law and not the many.

You would be forgiven for believing that the Highway Code does not apply to cyclists. After all, when last did you undertake the theory test before jumping on a “Boris bike” in town? The Highway Code, though, does, in fact, apply to all road users and contains information and guidance as well as setting out the mandatory rules by which road users must abide, for instance, the requirement to have front and rear lights on a bicycle during the hours between sunset and sunrise.

So, is it an offence for a cyclist to jump a red light?  In a word, yes and doing so may find you having to pay a Fixed Penalty Notice (FPN) to the value of £50.  This seems an obvious answer but there are a number of offences that you may find yourself inadvertently committing when you jump on that bicycle.  The rules that govern cyclists can be found in the main in the Road Traffic Act 1988, the Highway Code and the Highway Act 1835.  Some of those offences are listed below:

Riding a pedal cycle whilst under the influence of drugs or alcohol (£1,000 fine)
Dangerous cycling (£2,500 fine)
Careless, and inconsiderate cycling (£1,000 fine)
Bicycle racing on a public highway (were not part of an organised and authorised event)

One of the more serious examples came in recent years when the press covered the story of Charlie Alliston who received an 18 months term of imprisonment when he caused the death of a pedestrian Kim Briggs in February 2016. Alliston was acquitted of manslaughter.  The offence he was convicted of carries a maximum of 2 yrs imprisonment and can be used when a cyclist displays wanton and furious cycling.  Of course this is subjective and will depend on all the circumstances of that riding.  Perhaps the cyclist was driving at high speeds, on pedestrian paths, weaving through crowds, or riding aggressively.  In the case of Alliston, Judge Wendy Joseph QC referred to his “whole manner of driving” as being to blame for the collision. This clearly was an extreme case where the bicycle was not fit for the purpose of riding on the streets.  However, cyclists should all take note that all factors which fall foul of the rules may contribute to a determination as to culpability.

Save for this last example of wanton and furious driving, all other mentioned offences are non-recordable offences and as such will not be included on a standard check with the Disclosure and Barring Service (DBS).  However, an enhanced check may, if deemed relevant, flag up these offences. Their status as non-recordable offences is also important when considering the taking of samples. For instance, if you are stopped for riding a bicycle whilst intoxicated, the police do not have the power to take a sample of breath (urine or blood for that matter) from you in order to prove whether you are intoxicated.  They will have to rely on other physical indicators; that your speech was slurred, your breath smelled of intoxicants, you were unsteady on your feet, etc. All of which you may dispute for any manner of reasons.

These, it should be said, are not commonly prosecuted offences. By way of example, a Freedom of Information Release by the Metropolitan Police for the period April 2017 - March 2018 showed that 289 FPNs were issued for cycling on a footway.  No further action was taken in 39 cases, presumably where these had been challenged.  In 77 of the recorded cases, the recipient either failed to pay or requested a court hearing and was still made to pay the fine (which by then was increased to £75).

In some cases, FPNs may be cancelled where a training course is offered and subsequently undertaken or where you can demonstrate that you have now purchased and installed appropriate lighting on your bicycle where previously it was not in place. 

When all is said and done, safety is king on our streets, so do be safe out there.  However, if you find yourself requiring legal advice on any of the topics discussed herein or other matters please contact us and one of our experts will be happy to assist you.

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