Canterbury Wednesday Night Ride

**FJRider** · 25th February 2012, 13:42

Originally Posted by SMOKEU

If someone were to be swerving all over the road because they're too pissed to be riding in a straight line then they can be taken into custody for detox, but not charged for EBA. It's the same as if someone is walking on the sidewalk but they're too drunk to walk properly.

I haven't been able to find any law in NZ which states something to the effect of "thou shalt not ride a pushbike on a public road whilst intoxicated". I've had this argument with plenty of people before, but none of them have been able to provide me with evidence of any such legislation.

A Bicycle is a vehicle. Just as a horse is. Drunk in charge of a vehicle (on a public road) is apparently against the law. Falling off the bike (or horse) at the cops feet is sufficient evidence for breath testing/arrest...

Even walking drunk in a public place (not always on a road) is enough for a drunk and disorderly charge. Although some police use their descretion at such times ... and just lock them up for detox. (Some ... may take them home if the attitude test is passed)

**SMOKEU** · 25th February 2012, 15:19

Originally Posted by FJRider

A Bicycle is a vehicle. Just as a horse is. Drunk in charge of a vehicle (on a public road) is apparently against the law. Falling off the bike (or horse) at the cops feet is sufficient evidence for breath testing/arrest...

Even walking drunk in a public place (not always on a road) is enough for a drunk and disorderly charge. Although some police use their descretion at such times ... and just lock them up for detox. (Some ... may take them home if the attitude test is passed)

A bicycle is not a motor vehicle though. I have looked at the NZTA website regarding EBA and I can't see anything which explicitly states that the rules apply to cyclists as well.

One can be arrested for disorderly behaviour for cycling intoxicated in a public place, but if you can show me sufficient evidence to prove that a person can be charged with EBA for riding a push bike drunk on a public road, then I am willing to keep an open mind and have a look at it.

I don't want to hear "a friend of a friend got busted one night for riding his push bike home drunk from a party" or other such here-say with no credible evidence to substantiate such claims.

**FJRider** · 25th February 2012, 15:27

Originally Posted by SMOKEU

A bicycle is not a motor vehicle though. I have looked at the NZTA website regarding EBA and I can't see anything which explicitly states that the rules apply to cyclists as well.

One can be arrested for disorderly behaviour for cycling intoxicated in a public place, but if you can show me sufficient evidence to prove that a person can be charged with EBA for riding a push bike drunk on a public road, then I am willing to keep an open mind and have a look at it.

I don't want to hear "a friend of a friend got busted one night for riding his push bike home drunk from a party" or other such here-say with no credible evidence to substantiate such claims.

I never said MOTOR vehicle ... Dont confuse yourself. A bicycle is a vehicle. Plain and simple. EVEN for YOU.

Look it up ... Dictionary definition...

1. any means in or by which someone travels or something is carried or conveyed; a means of conveyance or transport

Funny ... no mention of a motor being required ...

**onearmedbandit** · 25th February 2012, 16:16

Originally Posted by SMOKEU

A bicycle is not a motor vehicle though. I have looked at the NZTA website regarding EBA and I can't see anything which explicitly states that the rules apply to cyclists as well.

One can be arrested for disorderly behaviour for cycling intoxicated in a public place, but if you can show me sufficient evidence to prove that a person can be charged with EBA for riding a push bike drunk on a public road, then I am willing to keep an open mind and have a look at it.

I don't want to hear "a friend of a friend got busted one night for riding his push bike home drunk from a party" or other such here-say with no credible evidence to substantiate such claims.

Looks like you are right Smokeu, it seems the act applies to motor vehicles only.

http://www.legislation.govt.nz/act/p...html#DLM434523

Click on 12a.

Info from this website - http://www.netlaw.co.nz/crime.cfm?PageID=535

**FJRider** · 25th February 2012, 16:40

Originally Posted by onearmedbandit

Looks like you are right Smokeu, it seems the act applies to motor vehicles only.

http://www.legislation.govt.nz/act/p...html#DLM434523

Click on 12a.

Info from this website - http://www.netlaw.co.nz/crime.cfm?PageID=535

Supprisingly enough ... not all rules are in the same segment of the act ...

Scroll up a bit ... to here ... it is a Transport act. Not a Motor Vehicle act.

moving vehicle offence means an offence detected by approved vehicle surveillance equipment that is—

(a) a speeding offence; or

(b) an offence in respect of the failure to comply with the directions given by a traffic signal; or

(c) any offence against regulations made under this Act or the Transport (Vehicle and Driver Registration and Licensing) Act 1986 that is declared by regulations under this Act to be a moving vehicle offence for the purposes of this definition; or

(d) a toll offence

novice driver has the meaning specified by the rules

offence against this Act includes an offence against or prescribed by the regulations

operate, in relation to a vehicle, means to drive or use the vehicle on a road, or to cause or permit the vehicle to be on a road or to be driven on a road, whether or not the person is present with the vehicle; and operator has a corresponding meaning

**willytheekid** · 25th February 2012, 16:47

I LIKE FISH N CHIPS!!!

See you at 12ish for a ride

...or should I say, Cruise

**Shadows** · 25th February 2012, 17:12

Originally Posted by willytheekid

I LIKE FISH N CHIPS!!!

See you at 12ish for a ride

...or should I say, Cruise

Yamaharley!

**Subike** · 25th February 2012, 17:27

Keemaha too

whats the destination ?

**SVboy** · 25th February 2012, 17:45

Watch out for the POPos people-out in force today.

**Subike** · 25th February 2012, 17:48

Originally Posted by SVboy

Watch out for the POPos people-out in force today.

me safe as, got me green slip, and cant go fast enough

**onearmedbandit** · 25th February 2012, 17:55

Originally Posted by SVboy

Watch out for the POPos people-out in force today.

Yup was out today to Little River, saw one parked up behind the left hander at Birdlings Flat.

**brp** · 25th February 2012, 19:34

Jeepers nothing like opening up a hornets nest re DIC on a bike.

Reason I raised it was not to take the piss out of spuds or anyone else but just incase monkey see monkey do
when their could be implications - loss of licence - who wants that ? What people do their biz, I've had a few in my early years and ridden on a pushie, motorbike, driven a car.

Think it comes down to the police look at it that you could cause an accident, someone swerves to avoid ya wobbling all over the place and into a parked car or pole, pedestrian they go.

See ya's at BK - be there all be square

**JellyBellyKelly** · 25th February 2012, 19:57

am kid free so weather dependant i'm planning on a ride tomorrow so may see you at BK

**SpeedMonger** · 25th February 2012, 20:34

Originally Posted by Mully Clown

I also went to the beer festival by bicycle and imbibed too much beer and spent too much money. I then went to a party and continued to consume alcohol.

Sunday morning I wake up (at home). No idea how I got there and I'm yet to find my bicycle, somewhat strangely I have no bruises.

Best of luck with the recovery dude.

Fark, I'd hate to think what would happen if you went to a pizza festival then ....