Many people know drink driving laws apply to cars, trucks and motorcycles — but what about bicycles and e-bikes? In NSW, the answer depends on the type of bike and the offence police allege.
Can you be charged for drink riding on a normal pushbike?
Yes. NSW Government guidance says riding under the influence of alcohol is a serious offence, and a person found “drink riding” can be fined or imprisoned by a court.
The key distinction is that a standard pushbike is generally treated as a bicycle/vehicle, not a motor vehicle. That means the usual Prescribed Concentration of Alcohol offences under s 110 of the Road Transport Act 2013 (NSW) are aimed at driving a motor vehicle.
However, s 112 of the Road Transport Act 2013 (NSW) makes it an offence to use or attempt to use a vehicle while under the influence of alcohol or another drug. Because the section uses the broader word “vehicle”, it can apply beyond ordinary cars.
What about negligent or dangerous riding?
Even if police do not charge a rider with an alcohol-related offence, cyclists can still be penalised for unsafe riding. Under Road Rules 2014 (NSW) r 245-1, a bicycle rider must not ride negligently, furiously or recklessly. NSW Government guidance explains that negligent riding includes riding in a way that endangers the rider or others.
What changes if it is an e-bike?
E-bikes can be more complicated. Transport for NSW says permitted e-bikes must be primarily propelled by the rider, with the motor only assisting. Current NSW guidance recognises power-assisted pedal cycles up to 200 watts and electrically power-assisted cycles up to 500 watts, with assistance cutting out at 25km/h.
If an e-bike is petrol-powered, modified, or does not meet the permitted e-bike requirements, it may be treated more like a motor vehicle. Transport for NSW states petrol-powered bicycles and other powered bicycles that do not meet e-bike requirements are illegal on NSW roads and road-related areas.
Possible consequences
Depending on the allegation, a rider may face:
- a fine;
- a court attendance notice;
- imprisonment in serious cases;
- a criminal conviction;
- licence consequences, particularly if the matter is treated as a Road Transport Act offence.
Bottom line
You may not face the exact same PCA drink driving charge on a normal pushbike as someone driving a car, but that does not mean riding drunk is legal or risk-free in NSW. Police may still rely on offences involving drink riding, DUI, negligent riding or dangerous riding.
Disclaimer: This article is general information only and is not legal advice. Anyone charged with a traffic or criminal offence should obtain advice from a qualified NSW criminal defence lawyer.
