Page:The Public General Acts and Church Assembly Measure 1960.pdf/61

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If a person rides a bicycle or tricycle, not being a motor vehicle, on a road without due care and attention, or with out reasonable consideration for other persons using the road, he shall be liable on summary conviction to a fine not exceeding ten pounds, or in the case of a second or subsequent conviction to a fine not exceeding twenty pounds.

Where a person is charged in England or Wales before a magistrates' court with an offence under the last foregoing section, and the court is of opinion that the offence is not proved, then, at any time during the hearing or immediately thereafter the court may, without prejudice to any other powers possessed by the court, director allow a charge for an offence under this section to be preferred forthwith against the defendant and may thereupon proceed with that charge, so however that he or his solicitor or counsel shall be informed of the new charge and be given an opportunity, whether by way of cross -examining any witness whose evidence has already been given against the defendant or otherwise, of answering the new charge, and the court shall, if it considers that the defendant is prejudiced in his defence by reason of the new charge's being so preferred, adjourn the hearing

A person who, when riding a bicycle or tricycle, not being a motor vehicle, on a road or other public place, is unfit to ride through drink or drugs shall be liable on summary conviction to a fine not exceeding thirty pounds, or in the case of a second or subsequent conviction to a fine not exceeding thirty pounds or to imprisonment for a term not exceeding three months.

A person liable to be charged with an offence under this section shall not be liable to be charged

under section twelve of the Licensing Act, 1872, with the offence of being drunk while in charge, on a high way or other public place, of a carriage, or

under section seventy of the Licensing (Scotland) Act, 1903, with the offence of being drunk while in charge, in a street or other place, of a carriage.

A police constable may arrest without warrant a person committing an offence under this section.

In this section "unfit to ride through drink or drugs means, as regards a person riding a bicycle or tricycle, under the influence of drink or a drug to such an extent as to be incapable of having proper control of it.

A person who promotes or takes part in a race or trial of speed on a public highway between bicycles or tricycles, not being motor vehicles, shall, unless the race or trial is