Section 28 Dangerous cycling.F1

England, Wales and Scotland

(1)

A person who rides a cycle on a road dangerously is guilty of an offence.

(2)

For the purposes of subsection (1) above a person is to be regarded as riding dangerously if (and only if)—

(a)

the way he rides falls far below what would be expected of a competent and careful cyclist, and

(b)

it would be obvious to a competent and careful cyclist that riding in that way would be dangerous.

(3)

In subsection (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of that subsection what would be obvious to a competent and careful cyclist in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

Annotations

Textual amendments

F1: S. 28 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 7; S.I. 1992/1286, art. 2,Sch.

Notes on Part I

Modifications

C1: Pt. I modified (E.W.S.) (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27