Cyclists in Queensland, Australia to face random breath tests to ascertain
if they are riding while drunk?

Proposals would also apply to electric scooter riders – plus, we summarise
the position in the UK

by SIMON_MACMICHAEL
THU, DEC 21, 2023 21:00

Cyclists in Queensland, Australia, as well as e-scooter riders, could face
being randomly breath tested for excess levels of alcohol under plans put
forward by the state government.

Current laws mean that police in the state, who are permitted to carry out
random breath tests on drivers of motor vehicles, are unable do so on
people travelling by bicycle or e-scooter, reports ABC Radio Brisbane (link
is external).

The media outlet says that the state’s Department of Transport and Main
Roads (TMR) will hold a consultation before any change to the law is
implemented.

A TMR spokesperson said: “Before progressing any changes, consultation will
be undertaken with key stakeholders and the community, including vulnerable
road user groups.

“This work forms part of the Personal Mobility Safety Action Plan, which
was released in mid-2022.”

While riders of bikes or e-scooters in Brisbane and elsewhere in Queensland
cannot currently be asked to undertake a random breath test, they can be
arrested, breathalysed and potentially fined should a police officer
believe that they are under the influence of alcohol.

“Queensland police can and have enforced [penalties for] drink riding,” the
spokesperson explained.

“Additionally, drinking alcohol while riding is an offence carrying an
on-the-spot fine of $464.”

Mark Ryan, the state’s Police Minister, said that while random breath
testing on drivers fell within the responsibility of the TMR, which would
ultimately decide whether the law should be changed, he had asked the
Queensland Police Service to discuss potentially extending it to other road
users with the department.

As with many other subject areas, legislation surrounding e-scooters in
Australia varies depending on the state or territory.

In Queensland, where new laws were introduced last year including setting
speed limits, both private and hire e-scooters may be ridden.

In New South Wales, however, private e-scooters are banned from public
roads, but trials of e-scooter hire schemes are being carried out in a
number of areas – similar to the situation within the UK – and like here,
riders of e-scooters, who are required to hold a driving licence, can face
a ban and fine if found riding drunk.

In 2021, our sister site eBikeTips reported how the rider of an e-scooter
was banned from driving for 12 months after he crashed in London’s Hyde
Park, the impact also resulting in a broken leg for his dog, which he was
carrying at the time.

Ramin Jabbari, who at the time was an electric scooter salesman, was
breathalysed by police due to his slurred speech and apparent confusion,
and was found to have 50 micrograms of alcohol in 100 millilitres of breath
with the legal limit being 35.

Appearing at Westminster Magistrates’ Court, he was also fined £285 and
agreed to undertake a driver rehabilitation course.

So far as cycling while intoxicated is concerned, the law firm Slater &
Gordon summarises the position as follow (link is external)s: “It is
illegal to ride your bike under the influence of drink or drugs, and you
would be guilty of this if you were unfit to ride to such an extent as you
are incapable of having proper control of the bicycle.

“You would be committing an offence whether you were on a footpath or on
the road.

“Although it is an offence to cycle under the influence of alcohol, a
police officer cannot force you to provide a breath, blood or urine sample.
They can ask, but if you refuse and are subsequently charged with cycling
under the influence, the Crown Prosecution Service (CPS) wouldn’t be
allowed to use your refusal as evidence against you.”

The maximum penalty is £1,000, but as a non-driving offence, conviction
would have no effect on the status of the cyclist’s driving licence, should
they have one.

<https://road.cc/content/news/cyclists-queensland-face-random-breath-tests-305803>

--
Spike

Spike <aero.spike@mail.com> wrote:
>
> Cyclists in Queensland, Australia to face random breath tests to ascertain
> if they are riding while drunk?
>
> Proposals would also apply to electric scooter riders – plus, we summarise
> the position in the UK
>
> by SIMON_MACMICHAEL
> THU, DEC 21, 2023 21:00
>
> Cyclists in Queensland, Australia, as well as e-scooter riders, could face
> being randomly breath tested for excess levels of alcohol under plans put
> forward by the state government.
>
> Current laws mean that police in the state, who are permitted to carry out
> random breath tests on drivers of motor vehicles, are unable do so on
> people travelling by bicycle or e-scooter, reports ABC Radio Brisbane (link
> is external).
>
> The media outlet says that the state’s Department of Transport and Main
> Roads (TMR) will hold a consultation before any change to the law is
> implemented.
>
> A TMR spokesperson said: “Before progressing any changes, consultation will
> be undertaken with key stakeholders and the community, including vulnerable
> road user groups.
>
> “This work forms part of the Personal Mobility Safety Action Plan, which
> was released in mid-2022.”
>
> While riders of bikes or e-scooters in Brisbane and elsewhere in Queensland
> cannot currently be asked to undertake a random breath test, they can be
> arrested, breathalysed and potentially fined should a police officer
> believe that they are under the influence of alcohol.
>
> “Queensland police can and have enforced [penalties for] drink riding,” the
> spokesperson explained.
>
> “Additionally, drinking alcohol while riding is an offence carrying an
> on-the-spot fine of $464.”
>
> Mark Ryan, the state’s Police Minister, said that while random breath
> testing on drivers fell within the responsibility of the TMR, which would
> ultimately decide whether the law should be changed, he had asked the
> Queensland Police Service to discuss potentially extending it to other road
> users with the department.
>
> As with many other subject areas, legislation surrounding e-scooters in
> Australia varies depending on the state or territory.
>
> In Queensland, where new laws were introduced last year including setting
> speed limits, both private and hire e-scooters may be ridden.
>
> In New South Wales, however, private e-scooters are banned from public
> roads, but trials of e-scooter hire schemes are being carried out in a
> number of areas – similar to the situation within the UK – and like here,
> riders of e-scooters, who are required to hold a driving licence, can face
> a ban and fine if found riding drunk.
>
> In 2021, our sister site eBikeTips reported how the rider of an e-scooter
> was banned from driving for 12 months after he crashed in London’s Hyde
> Park, the impact also resulting in a broken leg for his dog, which he was
> carrying at the time.
>
> Ramin Jabbari, who at the time was an electric scooter salesman, was
> breathalysed by police due to his slurred speech and apparent confusion,
> and was found to have 50 micrograms of alcohol in 100 millilitres of breath
> with the legal limit being 35.
>
> Appearing at Westminster Magistrates’ Court, he was also fined £285 and
> agreed to undertake a driver rehabilitation course.
>
> So far as cycling while intoxicated is concerned, the law firm Slater &
> Gordon summarises the position as follow (link is external)s: “It is
> illegal to ride your bike under the influence of drink or drugs, and you
> would be guilty of this if you were unfit to ride to such an extent as you
> are incapable of having proper control of the bicycle.
>
> “You would be committing an offence whether you were on a footpath or on
> the road.
>
> “Although it is an offence to cycle under the influence of alcohol, a
> police officer cannot force you to provide a breath, blood or urine sample.
> They can ask, but if you refuse and are subsequently charged with cycling
> under the influence, the Crown Prosecution Service (CPS) wouldn’t be
> allowed to use your refusal as evidence against you.”
>
> The maximum penalty is £1,000, but as a non-driving offence, conviction
> would have no effect on the status of the cyclist’s driving licence, should
> they have one.
>
> <https://road.cc/content/news/cyclists-queensland-face-random-breath-tests-305803>

QUOTE
Rendel Harris replied to hawkinspeter | 1 hour ago
0 likes
hawkinspeter wrote:
I consider that a kid wobbling along on the road to be roughly equivalent
to a very drunk adult cycling - that's why I compare the two.

Well if the kid was wobbling all along the road I wouldn't risk taking them
out in traffic until they had more control, would you? Being able to ride
in a straight line is something of a pre-requisite, I'd say.

hawkinspeter wrote:
Sorry - I don't think drunk cycling is really a problem, whereas drunks
walking/staggering arguably present more danger to other people by getting
into fights etc. A drunk on a bike is nicely preoccupied and unlikely to
start harrassing others.

Well, our experiences differ, my experience of coming home late on a Friday
or Saturday night in London, either on a bike (sober) or on the bus (not so
sober) is that a sizable minority of cyclists around that time are quite
obviously riding impaired through alcohol and presenting considerable
dangers to themselves, pedestrians and other cyclists and increasing the
likelihood of motor vehicle incidents as drivers try to avoid them.

As for fighting, drunk cyclists are definitely more likely to engage in
fights in my experience, a number of times I've seen incidents where
drivers or pedestrians have shouted at a clearly impaired cyclist for
dangerous behaviour and the cyclist has got off and fronted up to them.
Aggressive drunken arseholes are aggressive drunken arseholes, whether
walking, cycling or in a car.

Log In or Register to post comments
UNQUOTE

--
Spike