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Drink Driving a Bike

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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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