I propose that the new Road Traffic Regulation Act should provide for lighter penalties for cyclists under the influence of alcohol.
I was prompted to make this proposal by the increasingly frequent practice of police officers in Ljubljana, who chase students on bicycles in the late evening, or rather early morning hours, and impose draconian penalties for drink-driving. I find this objectionable on several counts.
The new law on road traffic rules lays down very severe penalties for drink-driving: a fine of EUR 1 200 and the detention of the driver in police custody pending extrication (from 6 to 12 hours). The legislator's ratio here is clear: drink-drivers pose a major threat to the safety of other road users and should therefore be punished with the highest penalties.
I do not consider it justified to apply the same regime to cyclists, as cyclists do not pose the same threat to traffic as motor vehicle drivers. I doubt that there is any research on this subject, but can anyone think of a case where a drunken cyclist has caused a road accident with serious injuries or even a fatality?
The essence of criminal law is that the fine reflects the seriousness of the offence or the danger posed by the prohibited conduct. In this case, the relatively low seriousness of the offence does not sustain the maximum fine.
Do you think it is fair that a cyclist should be fined €1200, which is the equivalent of 6 months' state grant, and then be taken into custody until the morning just because he was riding his bike while drunk and was not endangering anyone????
I would also like to point out that there is no public transport in Ljubljana between 12 noon and 3 a.m., when most students go home, and I think it is even responsible for people to prefer to go to a party on a bicycle, especially when we know that the alternative is a car.