Is your bicycle road legal? What are the primary ‘rules of the road’ for cyclists?

If you ride any bike on a public road in the UK then you must ensure that your bike is road legal.

Brakes;

It is an offence to ride a bicycle on a public road without it being fitted with two independent efficient braking systems, on the front and rear wheel. (surprisingly, the regulations do not stipulate how the brakes must operate simply stating that you must ensure your brakes are efficient.)

Lights and reflectors;

The cycle must have approved front and rear lights fitted and which are illuminated and clean and in full working order when cycling between sunset and sunrise. (The legal lighting requirements for cyclists are determined solely by the actual sunset and sunrise times, not the ‘hours of darkness’, provisions which start 30 minutes after sunset and end 30 minutes before sunrise.)

Note;

(1) wearing a torch on your head does not fulfil the legal lighting requirements, although there is no reason why you cannot use a head-torch as an optional additional light.

(2) flashing lights, provided they flash between 60 and 240 times per minute are allowed.

(3) displaying daytime lights is not a legal requirement for cyclists, even when visibility is seriously reduced. (Obviously, it would be full hardy in the extreme, not to display lights in foggy weather conditions)

The legal requirement for reflectors is also only when riding between sunset and sunrise. The bicycle must have a red rear reflector and four amber pedal reflectors, one at the front and rear of each of the pedals.

What are the main legal prohibitions when cycling? and what are the principal cycling offences?

Riding whilst unfit through drink or drugs;

Cycling on a road or other public place (including a bridleway) whilst unfit through drink or drugs carries a fine up to £1,000. There are no breath or blood alcohol legal limits. The test is simply whether the rider is deemed to be under the influence of drink or drugs to the extent of being incapable of having proper control of the bike.

Careless or dangerous cycling;

Cycling without due care and attention or reasonable consideration for other road users carries a maximum fine of £1,000 or for dangerous riding a fine of £2,500. Careless cycling is deemed to be riding at a standard which is below that of a competent and careful cyclist, and dangerous cycling is where the standard of riding falls far below that of a competent and careful cyclist and where it would also be obviously dangerous to any competent and careful cyclist.

Cycling furiously.

This is an offence under section 35 of The Offences against the Person Act 1861 to cycle furiously and this offence carries a maximum sentence of two years imprisonment.

Cycling on the pavement.

This is still an offence, see rule 64 of the Highway Code and section 72 of The Highways Act 1835 which state that a cyclist MUST NOT cycle on a pavement. However, the police are encouraged to exercise discretion in relation to this offence. So, where the rider can explain the reason for so doing … generally only in the interests of road safety the police may decide not to impose a penalty. If it is not accepted that the rider had a good reason to cycle on the pavement, then the police will issue a fixed penalty fine notice. (note; on segregated cycle tracks the pedestrian side remains a footway, so if you cycle on the pedestrian side to pass a pedestrian walking in the cycle lane… you would technically commit an offence.!!)

Carrying a passenger.

Rule 68 of the Highway Code (and section 24 of The Road Traffic Act 1988) state that a cyclist must not carry a passenger unless the cycle has been built or adapted to carry eight passenger… neither must the rider hold onto a moving vehicle or trailer whilst riding.

In summary, we do not set out herein, to provide a reference to all of the provisions relating to safe cycling and of all cycling offences and so advise the rider always to check the provisions of the Highway Code and be familiar with the law.

Remember, you can find this information in the Highway Code which states the law and gives advice for safe cycling. Where there is a legal requirement which you must follow then the Code tells you what you ‘must’ or ‘must not’ do. The rules state the legal requirements in simple terms as is imposed by the relevant legislation, and breach of these mandatory requirements, is a criminal offence.

The Code rules also set-out advisory guidance…such as, what you ‘should or should not do’,…Whilst the advisory guidance does not actually reflect a legal requirement …a failure to comply with an advisory rule could be used as evidence against the rider in any criminal or civil proceedings.

And finally a couple of safety points to consider .

• It is your responsibility to decide whether to wear a helmet. You are not legally required to wear one.
• You should consider fitting a bell to your cycle to be able to warn other road users/pedestrians of your presence

To arrange an initial free telephone advice call in relation to any type of motoring or cycling matter, contact our Motoring department on 01606592159.