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(1) A person who, when riding a cycle on a road is unfit to ride by reason of alcohol or drugs to such an extent as to be incapable of having control of the cycle commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.

(2) A police officer may arrest without warrant a person committing an offence under subsection (1).

(3) Subject to subsections (4) and (5), a person arrested under subsection (2) may be detained at a police station until it appears to the police officer that, the person is in a position to ride safely home.

(4) A person shall not be detained in pursuance of subsection (3) if it appears to the police officer that there is no likelihood of the person riding the cycle, whilst that person's ability to ride safely is impaired.

(5) A police officer shall consult a medical practitioner on any question arising under this section whether a person's ability to ride properly is or might be impaired by reason of drugs and shall act on the medical practitioner's advice.

(6) In this section "drug" includes any intoxicant.