(3) A person liable to be charged with an offence under this section shall not be liable to be charged
(a)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
(b)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.
(4) A police constable may arrest without warrant a person committing an offence under this section.
(5) Where a person convicted of an offence under subsection (2) of this section has been previously convicted of an offence under subsection ( 1) thereof, he shall be treated for the purposes of the said subsection (2) as having been previously convicted under that subsection.
(6) In this section "unfit to drive through drink or drugs" means under the influence of drink or a drug to such an extent as to be incapable of having proper control of a motor vehicle.
7. Motor racing on highways
A person who promotes or takes part in a race or trial of speed between motor vehicles on a public highway shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.
8. Restriction on carriage of persons on motor cycles.
(1) It shall not be lawful for more than one person in addition to the driver to be carried on a two-wheeled motor cycle, nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the cycle and on a proper seat securely fixed to the cycle behind the driver's seat
(2) If a person is carried on a cycle in contravention of the foregoing subsection, the driver of the cycle shall be liable on summary conviction to a fine not exceeding five pounds, or in the case of a second or subsequent conviction to a fine not exceeding ten pounds.
Offences connected with Riding of pedal Cycles
9. Reckless, and dangerous. cycling.
If a person rides a bicycle or tricycle, not being a motor vehicle, on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he 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.
