[Beemer1077]

On several posts on Quora, I have read about users riding their bicycles drunk and not being caught, penalized or prosecuted for pedaling drunk. So while legally it is an offense to operate a motor vehicle under the influence of alcohol, it seems that law enforcement officials have not been taking any action against bicyclists found to be riding or pedaling drunk, unless if they hit a police barricade or the cops themselves, or cause property damage.

Under section 185 of the Motor Vehicles Act, amended in 2019, anyone having a blood alcohol level of 0.03% or 30 mg in 100 ml blood through breathalyzer tests can be subjected to serve 6 months in prison or Rs 10,000 fine, or both. However, since bicycles require no licenses, majority to almost all of traffic fines do not apply to them, except for riding on Expressways where speed limits are high. And while it does seem impractical pedaling drunk, there are often stories where bicyclists have come to their senses after some riding for time and distance.

The exception to see any action against drunk bicyclists has been implemented by Kolkata Police - the very same department that has prohibited bicycles on 70+ throughfares and roads in the name of smoothening traffic flow, for which they have been shameless demanding bribes of Rs 100-120 or seizing and towing away bicycles if riders do not pay or refuse to comply. For pedaling under influence, they are using the offense of public intoxication under the Bharatiya Nyay Sanhita(previously used the Indian Penal Code), stating that Motor Vehicles Act laws are not applicable against bicycles.

https://timesofindia.indiatimes.com/...w/87938051.cms

[vinu_h]

I checked with my lawyer neighbor, the DUI laws do not apply to bicycles but the enforcement authorities can & will get you under "causing public disturbance".

On a side note - here's a funny clip on a related topic

Clip

[Beemer1077]

Originally Posted by vinu_h

I checked with my lawyer neighbor, the DUI laws do not apply to bicycles but the enforcement authorities can & will get you under "causing public disturbance".

On a side note - here's a funny clip on a related topic

Clip

While public disturbance works if bicyclists cause any chaos, again that will be only if cops stop them. And in many places except Kolkata, it does seem that cops on duty to catch drunken drivers do not stop drunk bicyclists and make them go through a breathalyzer tests.

Honestly, there should be a separate legislation that will keep an eye against bicyclists for things like drunken riding, bicycle racing, breaking the red lights, lane violation, performing stunts, and of course, riding on prohibited roads such as Coastal Road and Bandra Worli Sea Link. Unless that happens, cops will be powerless and not have any standing to detain bicyclists. However minors will still continue to do few things like racing and all, so proper education or rather teaching them the risks will prevent all this.

Again, bicycles do not require licenses, so for any offense, police officers cannot impose penalties above Rs. 100(USD 1.25), that also if there is a law to penalize bicyclists. If bicyclists should be penalized, then there should be a legislation and websites of police departments should post any penalties against those who like to break the law while pedaling. In addition, cops cannot also tow away bicycles for any reason especially if parked in a no parking zone.