Poland says okay to jailing 'drink cyclists'

By Richard Peace | Tuesday, Apr 14, 2009 4.15pm

A ruling by Poland's

Constitutional Court
means drunken cyclists are now classed alongside drink drivers and face prison if caught.

Some 2,000 Poles are already in prison for riding a bicycle while under the influence of alcohol.

This ruling simply confirms that the original decisions that put them there, under a law passed back in 2000, were legal

Under that legislation, anyone riding a bike under the influence of alcohol faces a fine or up to two years in prison, depending on the level of intoxication.

Many Polish courts apply the stricter penalty and the average sentence is 11.5 months' imprisonment. This state of affairs has been criticised by both the prison service and some judges.

Jaroslaw Sielecki, a 37-year-old judge from western Poland, called it "absurd and draconian", and added that it could drag whole families into poverty.

He said intoxicated cyclists should be treated like drunken pedestrians, who face a fine rather than jail, as both use their own muscles to achieve motion.

The

Constitutional Court
, however, ruled that cyclists use public roads and are considerably more dangerous than pedestrians because of the speed at which they can travel.

In the UK, cyclists under the influence of drink or drugs can be fined up to £1,000 even though there is no legal requirement for a breathalyser or other tests to prove this.

Drink driving (the offence of driving a motor vehicle with excess alcohol) means an obligatory ban and penalties up to a £5,000 fine and a six-month jail term.

What do you think? Should ‘drink cycling’ be treated in a similar way to drink driving?

You can follow BikeRadar on Twitter at twitter.com/bikeradar and on Facebook at facebook.com/BikeRadar.

User Comments

There are 11 comments on this post

Showing 1 - 11 of 11 comments

  • i think they should put the "drunk cyclist" through a series of obsticles to decide whether or not he can safely ride a bike.... bunny hopping a fence, riding down a DH track.... riding ss fixie... all posible when sober, how about when we are drunk?

  • I wonder how many drink drivers are in prison as well? Given that it is considerably easier to stop a cyclist than a motorist, this seems like police going out of their way to pick off easy targets, and it could well backfire if people think they're less likely to be caught drink driving instead.

  • its lame- yes occasionally a cyclist has caused death to pedestrians. thing is your gonna go 30mph max on a bike and you weight 200lbs max realistically, a car can do 100mph and weights 1.5 to 4.5 tons. do the maths. i often cycle after some.. beers, i just go slower.

  • Being able to cycle and drink is one of the primary reasons for cycling. It is a basic freedom of man ( or women) to ride and get pie"&d, denying either freedom even if you choose to combine them is an breach of your human rights. Have nothing to do with these bloody forigners. Taliban , socialists, obuma.... the worlds full of buggers telling you what to do.

  • Hmm, cycling whilst under the influence of alcohol, up to 2 years in jail and an average term of 11.5 months. Drive a car whilst drunk, something that poses a far greater danger to others than riding a bike and face up to 6 months inside. Sounds like just the sort of ridiculous law the British motor lobby/ Daily Mail reading fraternity would like to see in the UK.

  • same with anything in this world.

    people with power abuse it, do this do that , nanny state - always watching and finding new ways to screw ya, its the no victim no crime view as i cant see too many victims from a slightly tipsy biker , hes/shes more likely to wobble off and crash. anything to make the sheeple conform,

    they all get the big 2 fingers from me!!!!!!!!!!!!!!

  • What a backward step for the cleaning up of this world. If you're going to get caught on a bike or in a car, then hey what the hell, people will take the risk with the car. Result - more drink relaed deaths. Poland - sort yourself out. Its a tough world out there for a cyclist and this just maks it tougher.

  • I thought the law in this country was that if you were 'a danger to other traffic or people' you could be stopped, arrested and/or fined!? If you're a tad tipsy but can ride in a straight line and stop when required, who are you likely to hurt?

    Boris Johnson needs to add this to his list of suggestions for cyclists and how they should be allowed use the roads.

  • The fact that Poland has a massive alcohol problem, but that more journeys are made by bike than in the UK may have someting to do with it. I would not assume that a Polish law would make any sense in the UK. I agree with the opinions expressed above, that police may tend to stop cyclists a lot easier than drivers so this law could make it easy to ignore drunk drivers and still meet arrest/prosecution targets. However, I personally wouldn't cycle after drinking more than the legal driving limit. It is possible that a drunk cyclists could cause a serious accident which injured other road users (not just pedestrians). If a cyclist caused an accident and was found to be drunk I think the penalty should be similar to a drink driving offence. I do however have the reservations expressed above, that a law such as this could mean police find it easier to catch drunk cyclists, than drunk drivers, and so shift their focus away from drunk driving, which obviously causes much more injury and death than drunk cycling.

  • Why do you want to be treated as different from any other road user?

  • "Why do you want to be treated as different from any other road user?"

    So you want to pay tax and insurance for cycling aswell?

Post a Comment:

You need to login or register to post comments.