A Netlaw reader wrote in enquiring if it was possible to be charged with a drink driving offence riding a bike.
No, it is not possible. The Land Transport Act 1998 applies. Drink driving offences relate only to motor vehicles. See the definitions of vehicle and motor vehicle under the Act in section 2 – the Interpretation section.
However, it is an offence to drive a vehicle carelessly or recklessly. A bike is a vehicle as defined by section 2 but NOT a motor vehicle.
Reckless driving is a more serious offence than careless driving.
Alcohol would be a factor the Court would take into account, but a cyclist cannot be charged with a drink driving offence because a bike is not a motor vehicle.
We provide you with a direct link to the Act . . . .
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