A cyclist can commit the offence of dangerous cycling as opposed to dangerous driving. The test to determine dangerous cycling is the same as to determine dangerous driving.
The test is whether the standard of cycling/driving falls far below what would be expected from a reasonably competent driver/cyclist and it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.
No you cannot carry a passenger on your pedal cycle, unless it has been adapted to carry another person, such as a tandem or if your bike has had a special seat fitted.
No, there is no law at present that states that you have to wear a helmet. If you do buy a helmet, look for BS, ANZI, or SNELL status.
The obligatory lighting for a pedal cycle is:
Yes, it is an offence to ride a pedal cycle on a road or other public place whilst being unfit through drink or drugs, basically so as to be so under the influence of drink or drugs that the person does not have proper control of the pedal cycle.
It is generally illegal to ride a pedal cycle on a pavement/footpath/footway but there are exceptions and this will depend on the particular pavement/footpath/footway in question. The permitted usage of such routes if often indicated on signs. In the absence of any signs you should assume that riding a pedal cycle is not permitted.
Using a hand held mobile phone whilst cycling is not illegal. However, you could commit an offence of careless riding or riding without due care and consideration. It is also not advisable for the obvious safety reasons.
For those people using electrically assisted pedal cycles it depends on the cycle itself as to whether it is illegal or not. A lot of new vehicles are being marketed as electrically assisted pedal cycles but are in fact classed as motor vehicles so using a hand held mobile phone whilst riding one of these would be illegal.
Electrically assisted pedal cycles are legal to use on the road and do not require any insurance. They must however comply with the relevant law which states that they:
There are many vehicles which claim to be electrically assisted pedal cycles but do not fit the definition above and so are classed as motor vehicles. If it does not comply with the above definition then it must be registered with DVLA, have an MOT, be insured, comply with the law with regards to lights, brakes etc and the driver must have a licence. Many of these vehicles do not comply with the law relating to brakes, lights etc so anyone driving one on the road will commit offences and may put themselves at risk of serious harm.
If you are thinking of buying one of these machines then seek professional advice from the Department for Transport before purchase. See website in related information for more details.
It is not an offence in itself to listen to music on a mobile device whilst driving or cycling.
However, listening to music can be distracting, especially if it is not be possible for the individual to be fully aware of their surroundings. You need to be able to bring to bear all the senses you can whilst driving, and being able to hear is important in enabling you to be in proper control of your vehicle in traffic. Obviously, some people have the disadvantage that they cannot hear too well (or not at all), but the rest of us should not deliberately mask our senses and put ourselves at the same disadvantage.
A person using a device playing loud music, may, therefore, be deemed not to have proper control of their vehicle or to be driving without reasonable consideration for others, both of which are relatively serious offences.
Some traffic light controlled junctions have an advanced stop line (ASL) to allow cyclists to be positioned in front of other traffic - click on the link below for a diagram. These are covered in rule 178 of the Highway Code.
Using the road (159 to 203) - The Highway Code - Guidance - GOV.UK (www.gov.uk)
If the traffic lights are on red, drivers (including motorcyclists and scooter riders) must not cross the first stop line - if they do they could liable to a £100 fixed penalty and three penalty points on their driving licence.
If the lights change from green to amber as a driver (including motorcyclists and scooter riders) approaches but they cannot safely stop before the first stop line, they can cross the first line but must stop before the second stop line. In these circumstances it is not an offence to stop in the marked area.
Drivers (including motorcyclists and scooter riders) should avoid blocking/encroaching onto the marked area at other times e.g. when the junction is blocked.
Cyclists must not cross the second stop line while the traffic signal is red. Contravening a traffic signal is against the law, and could result in a £50 fine.
Some local authorities have run publicity campaigns with slogans such as: The bike box - get behind it.
Yes, it is an offence – you cannot obscure your lights or reflectors. You will need to fit a trailer board.
Rule 163 of the Highway Code states overtake only when it is safe and legal to do so. You should give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car.
In an effort to highlight the issue of motorists leaving insufficient room when overtaking a cyclist, often referred to as a 'close pass' incident, a number of police forces have undertaken initiatives to educate drivers in relation this issue. In some cases posters/floor mats have been used showing a minimum clearance of 1.5 meters. However, it's important to realise that the law doesn't specify a particular distance.
Many of the rules in the Highway Code are legal requirements, and if you disobey them you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving and in the most serious cases, you may be sent to prison. Such rules are identified by the use of the words 'MUST/MUST NOT'. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. However, failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted. Legally, the Highway Code may be used in evidence in any court proceedings under the Traffic Acts to establish liability – this includes rules which use advisory wording such as 'should/should not' or 'do/do not', as is the case in rule 163.
Therefore, because there isn't a specific offence of failing to give sufficient room to a cyclist when overtaking them, if it was alleged that a driver had done this, consideration would have to be given to the offences of careless driving contrary to section 3 the Road Traffic Act 1988 or dangerous driving contrary to section 2 of the Road Traffic Act 1988. However, each case would have to be judged on in the particular facts and in order to secure a prosecution, it would have to been shown that the driver was guilty of the offence beyond reasonable doubt. This would necessitate the prosecution having suitable evidence to show what occurred and to this end, cyclists often produce video coverage of an incident. From a police perspective, images from dashboard/helmet cameras can be used in legal proceedings but their evidential value all depends on the quality of the images and what they show. Just because a camera has captured an incident does not automatically mean that the police will be able to take action in every case or that the evidence will stand up to the scrutiny of a court – it will all depend on the circumstances.
If you are involved in a 'close pass' incident as a cyclist and you wish to report the matter to the police, we would suggest you contact your local force via the non-emergency 101 number or visit your local police station. Some police forces allow you to submit evidence captured by way of helmet camera via the internet, whilst others don't. It will all depend on your local police as to whether they provide this service. If they don't', you would need to contact them via the non-emergency 101 number for guidance on submitting such evidence.
