Penalties for "smartphone use while cycling" and "driving under the influence"

There is a growing trend of traffic accidents caused by the use of mobile phones while riding bicycles, and the likelihood of serious or fatal accidents increases when riding a bicycle under the influence of alcohol. To deter traffic accidents, regulations imposing penalties have been established and will be enforced starting November 1, 2024.

• About the Revision of the Road Traffic Act Concerning Bicycles (Tokyo Metropolitan Police Department)(External Link)

Using a smartphone while driving

Holding a smartphone or similar device by hand and making calls while riding a bicycle, as well as staring at the screen, have been newly prohibited and are subject to penalties.
However, operations that are suspended are excluded.

(1) Use of mobile phones, etc. (Retention)

• If you ride a bicycle while holding a mobile phone (such as a smartphone) for the purpose of making a call
• When riding a bicycle while holding and focusing on an image displayed on the screen of a mobile phone (such as a smartphone) with your hand.

Penalties

Imprisonment for up to 6 months or a fine of up to 100,000 yen (Road Traffic Act Article 118, Paragraph 1, Item 4)

(2) Use of mobile phones, etc. (Traffic hazards)

If you operate a bicycle while using a mobile phone (such as a smartphone) or while focusing on an image, and this causes traffic hazards such as accidents.

Penalties

Imprisonment for up to 1 year or a fine of up to 300,000 yen (Road Traffic Act Article 117-4, Paragraph 1, Item 2)

• Strengthening the prohibition of mobile phone use while riding a bicycle (Tokyo Metropolitan Police Department)(External link)

Driving Under the Influence and Assistance

In addition to riding a bicycle under the influence of alcohol, new penalties have been established for providing alcoholic beverages, riding together, and providing bicycles.
(Bicycles are included among vehicles involved in the three offenses related to drunk driving)

(1) Drunk Driving Offenders

Those who have violated the provisions of Article 65, Paragraph 1 of the Road Traffic Act by operating a vehicle (excluding light vehicles other than bicycles) and were in a state of having alcohol in their body at a level specified by government ordinance or higher at the time of operation.

Penalties

Imprisonment for up to 3 years or a fine of up to 500,000 yen (Road Traffic Act Article 117-2-2, Paragraph 1, Item 3)

(2) Vehicle Provision Offense

If a vehicle (excluding light vehicles other than bicycles) is provided to a person who is likely to drive under the influence of alcohol

Penalties

Imprisonment for up to 3 years or a fine of up to 500,000 yen (Article 117-2-2, Paragraph 1, Item 4 of the Road Traffic Act)

(3) Offense of Providing Alcoholic Beverages

Providing alcohol or encouraging drinking to someone who is likely to drive under the influence

Penalties

Imprisonment for up to 2 years or a fine of up to 300,000 yen (Road Traffic Act Article 117-3-2, Item 2)

(4) Accomplice Offense

If a driver is aware that the operator is under the influence of alcohol and requests or demands to drive themselves while riding in a vehicle (excluding light vehicles other than bicycles)

Penalties

Imprisonment for not more than 2 years or a fine of not more than 300,000 yen (Article 117-3-2, Item 3 of the Road Traffic Act)

• Strengthening the Ban on Drunk Cycling (Tokyo Metropolitan Police Department)(External Link)