It's a question that has perplexed us here at citycycling for some time - can a cyclist be prosecuted for speeding? Obviously cyclists have to abide by the highway code, but we had tell by some that cyclists could get penalty points on their driving licence for cycling offences and that speeding on a bike carreid the same sanction as breaking the law in a car. We decided to get a legal opinion, and Lothian & Borders police gave us a most succinct and complete response.

In response to your enquiry, I have checked the road traffic legislation in relation to speeding and pedal cyclists. Speeding is dealt with under the Road Traffic Regulation Act 1984; section 81, which refers to exceeding 30mph on a restricted road. This specifies, “drive a motor vehicle” and the act goes on to define ‘motor vehicle’ as a mechanically propelled vehicle. Mechanically propelled means with an engine therefore pedal cycles do not come into this category. Therefore, there is no specific offence of speeding in relation to pedal cycles. It is not therefore possible for a cyclist to be given penalty points for an offence he cannot commit.

However, being a retired Traffic Police Officer I would expect any cyclist riding in such a manner to be considered for the offence of dangerous cycling or the lesser charge of careless cycling under the Road Traffic Act 1988. Neither of these offences carries penalty points and the dangerous cycling offence carries the possibility of a fine up to £2500 maximum while the lesser charge of careless cycling carries a maximum fine of £1000.

You are correct in saying that cyclists should comply with red lights and not use pavements to cycle on. Although motorists would qualify for three penalty points for failing to comply with a red light, pedal cyclists would not. They would be given a non-endorsable fixed penalty ticket for £30. There are no offences that carry penalty points for cyclists.

Fines between £1000 and £2500! I think I'd prefer the speeding ticket!

So there you have it - cycling offences cannot carry penalty points, and are certainly not linked to motoring offences. Rather we are subject to our own offences. So remember, Be Careful Out There.