Dangerous Cycling (Section 28 Road Traffic Act 1988)

Dangerous Cycling is an offence under s.28 Road Traffic Act 1988. A person who rides a cycle on a road dangerously is guilty of an offence (s.28(1)). A person is to be regarded as riding dangerously if (and only if) the way he rides falls far below what would be expected of a competent and careful cyclist, and it would be obvious to a competent and careful cyclist that riding in that way would be dangerous (s.28(2)). "Dangerous" refers to danger either of injury to any person or of serious damage to property, and in determining what would be obvious to a competent and careful cyclist regard is 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 (s.28(3)). Maximum sentence: triable summarily only, a fine of level 4 on the standard scale (Road Traffic Offenders Act 1988, Schedule 2, Part I); the Schedule gives no disqualification, endorsement or penalty points for this offence.

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. Officers should gather CCTV and witness evidence. If the cyclist causes injury, the more serious offence under s.35 Offences Against the Person Act 1861 (wanton or furious driving) should be considered, which carries up to 2 years' custody. There is no power to require a cyclist to provide a breath specimen. Cyclists are not required to hold a licence or insurance. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them.