[Rendel Harris]

Morning all,

I was hoping someone could kindly clear a rather confusing matter for me on behalf of a friend (I know everyone says that but it’s true!). Mate was cycling to work last week when he ran a red light (usual excuses, long straight empty road, person who’d pushed the pelican button had already crossed – he’s been told off) with a police car directly behind him. Stopped, quite correctly bollocked and told he’ll be getting a fine in the post. Letter arrived yesterday (see relevant section below) with an FPN of £100 and three points on his licence. He’s happy to put his hands up and pay the fine, but I thought – and every online source seems to agree – that you can’t be pointed for offences on a bicycle? Does anyone have any idea if this is permitted?

Thanks!

Topic

[Rendel Harris]

mark1a wrote:

Thanks for the update, I was wondering how you your mate had got on with this ?

[mark1a]

Thanks for the update, I was

Thanks for the update, I was wondering how you your mate had got on with this ?

[Rendel Harris]

Just to update this, mate has

Just to update this, mate has just got back from visiting his homeland in New Zealand and found that the police have admitted their mistake, refunded the fine he had already paid and will not be putting points on his licence. They don’t seem to be interested in his offer to pay for the actual offence, which he would’ve been happy to do…

Many thanks for all the advice and clarifications offered, they were very useful in composing the letter which produced this outcome.

[Rendel Harris]

Beatnik69 wrote:

I may be wrong here, but I think that the court can award points which will be automatically added to your driving licence, should you ever apply for one.

IANAL but pretty sure that isn’t the case, there is no cycling offence that can have penalty points imposed. What a court can do is suspend or indeed remove your driving licence for a cycle offence if it’s sufficiently serious, or if you don’t have a licence it can ban you from applying for one for a set period. 

[Secret_squirrel]

You are correct – for road

You are correct – for road traffic offences where you don’t hold a license – eg EScooters. 
Not for a bike though. 

[Beatnik69]

I may be wrong here, but I

I may be wrong here, but I think that the court can award points which will be automatically added to your driving licence, should you ever apply for one. However, in this case, as others have pointed out it looks as if the police have used the wrong legislation and the offence shouldn’t attract points. Hopefully, someone who knows more about the law will be able to say if this is correct, or not (also, I’m in Northern Ireland and our traffic laws are slightly different from mainland UK)

[Rendel Harris]

Indeed, that’s what set me to

Indeed, that’s what set me to thinking there must be shome mishtake.

[wtjs]

I’m amazed at the placid

I’m amazed at the placid acceptance of police double (at least!) standards on here. Cyclist goes through red light and it’s ‘we’ll throw the book at you, you red light running cyclist b******!’. Driver goes through a red light and the police (in Lancashire, anyway) just ignore it and social media comments of ‘everybody does it’ are generally accepted. ’40 tonne tipper at 50 mph through red light? That’ll do nicely, sir and … mind how you go’. We have just seen a thread where the Filth responded to a driver passing a light at red with ‘what about cyclists going through red lights, then’. I’m putting this on here again because it shows the point, but I have HD video of loads more RLJs ignored by Lancashire Constabulary, including one where the van had no MOT. This is the scene when the lights turned red, before Audi Q5 T90 JDT crashed through them at 40-50 mph, towing a large caravan

[wycombewheeler]

Rendel Harris wrote:

Letter:

what licence?  there is no pedal cycle licence.

[Rendel Harris]

Yes I was wondering whether

Yes I was wondering whether we should delay replying until the sell-by date to issue a new ticket was past, but he (it isn’t me, honest!) is going back to his native New Zealand for three weeks in August so would like it out of the way beforehand. Also, we’re not trying to con anyone, he’s put his hands up for the offence and is happy to pay the fine, but not double plus three points for an offence he hasn’t committed.

[jaymack]

I suspect that the Met’ will
I suspect that the Met’ will probably fall foul of the the fact that there’ll be a deadline for the issuance of a fixed period penalty notice for a s.36 offence – crossing a stop line on a red light. The time limit may well be ‘your friends’ best friend

[Mungecrundle]

This sounds like one for
This sounds like one for Beelzebub himself.

[HoarseMann]

You’re welcome and this was

You’re welcome and this was before my second coffee of the day too!

It’s quite hard to find a list of fixed penalties that apply. What seems clear to me is the exact same offence is being committed (Sec. 36) whether in a car or on a bicycle. The ultimate penalty that can be given in court is £1000 and 3 points.

So it would seem that 3 points (and up to £1000 fine) could theoretically be handed out in court. However, it’s unlikely a court would impose points on a cyclist or fine them as much as a driver; so the fixed penalties are different to reflect that. 

[Rendel Harris]

Thanks that’s very useful.

Thanks that’s very useful.

[HoarseMann]

The officer has used the

The officer has used the wrong offence code. They’ve booked them for this:

Drive on a Road Other Than Motorway and Fail Comply with Green Arrow Traffic [Light / Signal]

When it should have been this:

https://offencecode.uk/offence/ride-a-pedal-cycle-on-a-road-fail-to-comply-with-a-red-light-traffic-sign/
 

Should be £50 and no points. 

[Author]

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