section 59

[205fever]

Now i've heard so many different things on receiving a section 59, now I dont plan on driving like a t**t everywhere but I also dont want to have to worry about getting my car seized for the slightest acceleration or unburnt fuel popping out the back of my car.

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

[Trabant]

205fever said:

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

Are you actualy saying you have been issued a section 59, or that you don't want to be issued a section 59?

Edited by Trabant on Thursday 15th July 23:44

[Daston]

I got one when they did me for speeding, even though I was just accelerating to the legal limit hard and they couldnt keep up (but thats another story).

The reason for the Section 59 was because they thought I was racing the car next to me even though they turned right at the lights and I went straight on... real reason is I think they saw a young chap in a Supra and thought we had best clip his wings before he does something too stupid in the future

[Pc Pires]

205fever said:

Now i've heard so many different things on receiving a section 59, now I dont plan on driving like a t**t everywhere but I also dont want to have to worry about getting my car seized for the slightest acceleration or unburnt fuel popping out the back of my car.

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

I have issued several of these in the past... Yes you have to issued them at the time of the "offence". But we can issue them regardless of wether with a colleague or not...
All that happens is a CAD is created and a record made of the issue against your car on our records. If it happens again within the following 12 months then car is seized.

Edited by Pc Pires on Friday 16th July 08:02

[bluetone]

Pc Pires said:

205fever said:

Now i've heard so many different things on receiving a section 59, now I dont plan on driving like a t**t everywhere but I also dont want to have to worry about getting my car seized for the slightest acceleration or unburnt fuel popping out the back of my car.

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

I have issued several of these in the past... Yes you have to issued them at the time of the "offence". But we can issue them regardless of wether with a colleague or not...
All that happens is a CAD is created and a record made of the issue against your car on our records. If it happens again within the following 12 months then car is seized.

Excuse my ignorance but is the seized car crushed or held for a period of time in this instance?

[sim16v]

Pc Pires said:

I have issued several of these in the past... Yes you have to issued them at the time of the "offence". But we can issue them regardless of wether with a colleague or not...
All that happens is a CAD is created and a record made of the issue against your car on our records. If it happens again within the following 12 months then car is seized.

Edited by Pc Pires on Friday 16th July 08:02

Do you think prior to the S59 legislation being introduced, you could give a ticket for the "offences" and the person would be prosecuted in a court?

[SS2.]

Pc Pires said:

Yes you have to issued them at the time of the "offence".

You sure about that ?

Police Reform Act 2002 said:

s.59 (2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

[SS2.]

bluetone said:

Excuse my ignorance but is the seized car crushed or held for a period of time in this instance?

It is held until such time as the owner stumps up removal and storage fees. If payment is not forthcoming, then the vehicle may be disposed of.

[OnTheOverrun]

Best bet is to park your car in your living room:

"S59. For the purpose of exercising a power under 1.2 above, a uniformed police
officer may enter any premises, other than a private dwelling house, on
which he/she has reasonable grounds for believing the vehicle to be. A
PCSO has the same power except that he/she can only enter premises when
in the company, and under the supervision of a constable. Note: A private
dwelling house does not include any garage or other structure occupied with
the dwelling house, or any land relating to it."

[vonhosen]

sim16v said:

Pc Pires said:

I have issued several of these in the past... Yes you have to issued them at the time of the "offence". But we can issue them regardless of wether with a colleague or not...
All that happens is a CAD is created and a record made of the issue against your car on our records. If it happens again within the following 12 months then car is seized.

Edited by Pc Pires on Friday 16th July 08:02

Do you think prior to the S59 legislation being introduced, you could give a ticket for the "offences" and the person would be prosecuted in a court?

You can't give a ticket for Sec 3 RTA, it has to be a summons.

[205fever]

Pc Pires said:

205fever said:

Now i've heard so many different things on receiving a section 59, now I dont plan on driving like a t**t everywhere but I also dont want to have to worry about getting my car seized for the slightest acceleration or unburnt fuel popping out the back of my car.

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

I have issued several of these in the past... Yes you have to issued them at the time of the "offence". But we can issue them regardless of wether with a colleague or not...
All that happens is a CAD is created and a record made of the issue against your car on our records. If it happens again within the following 12 months then car is seized.

Edited by Pc Pires on Friday 16th July 08:02

Well I was issued one several days after the 'offence' and the officer that gave it to me came to my house and called me in to the station, on top of this she was off duty when she saw the 'offence'!? Now I stick to the speed limits, dont drive dangerously, but my car does attract a lot of attention good and bad. In your proffessional opinion am I in my rights to appeal against this or not?

[205fever]

SS2. said:

Pc Pires said:

Yes you have to issued them at the time of the "offence".

You sure about that ?

Police Reform Act 2002 said:

s.59 (2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

Ah a Constable in uniform, this officer was off duty at the time of 'offence' so does that rule it out or what?

[205fever]

Trabant said:

205fever said:

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

Are you actualy saying you have been issued a section 59, or that you don't want to be issued a section 59?

Edited by Trabant on Thursday 15th July 23:44

Yep been issued one

[MudasarKhan]

Pc Pires said:

205fever said:

Now i've heard so many different things on receiving a section 59, now I dont plan on driving like a t**t everywhere but I also dont want to have to worry about getting my car seized for the slightest acceleration or unburnt fuel popping out the back of my car.

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

I have issued several of these in the past... Yes you have to issued them at the time of the "offence". But we can issue them regardless of wether with a colleague or not...
All that happens is a CAD is created and a record made of the issue against your car on our records. If it happens again within the following 12 months then car is seized.

Edited by Pc Pires on Friday 16th July 08:02

Maybe I got lucky, but not entirely true. Got sp.59 twice in my taxi. 3months apart. Nothing happended TBH.

First time I was blatenly speeding, and a female panda driver spun her car around and I seen her lights come on. I pulled over immediately and had to wait 30sec for her to pull in behind me. She was polite, and even said it was good of me to pull in immediately as she was doing a 3 point u-turn. But she still gave me a sp.59.

Second time (about 3months later) was speeding (approx 65mph in a 40) on a dual carriageway. Turned left and was driving quickly down some streets. An unmarked A3 was following and after I got off the dual carriageway, put his lights on, but I didnt stop. Drove about 0.3miles further, and pulled up outside my petrifed sister.

Policeman again was polite, but asked me why was I going so fast. And why I didnt stop. I told him my sister told me her and her friend were petrifed as her friends ex was threating them in person on the street. I apologised about speeding. He said he's gona have to give me an sp.59. He was a nice chap, and understood that I had a reason why I was going so fast. But dont know, maybe he didnt process it perhaps.

Anyway, Im not saying it's bks, but dont take the risk. £150 plus £20 a day. Maybe you dont get paid for a week or two after your car gets impounded. Thats a lot of money.

[SS2.]

205fever said:

SS2. said:

Pc Pires said:

Yes you have to issued them at the time of the "offence".

You sure about that ?

Police Reform Act 2002 said:

s.59 (2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

Ah a Constable in uniform, this officer was off duty at the time of 'offence' so does that rule it out or what?

No, because neither the warning nor the seizure needs to take place at the time of the alleged 'incident'.

[streaky]

Pc Pires said:

205fever said:

Now i've heard so many different things on receiving a section 59, now I dont plan on driving like a t**t everywhere but I also dont want to have to worry about getting my car seized for the slightest acceleration or unburnt fuel popping out the back of my car.

Now I have heard that 1) you can only be given one if you are caught? and 2) you can not be given one if only the officer handing you the notice is present? Any help would be much appreciated, cheers

I have issued several of these in the past... Yes you have to issued them at the time of the "offence".

You need to brush up on your law - Streaky

[bluepolarbear]

205fever said:

am I in my rights to appeal against this or not?

There is no right of appeal. There is no independant body that will review the circumstances and validate the notice was issued in accordance with the law. Even if there was, the burden of proof is so low it would be next to impossible to show that it was.

[maser_spyder]

bluepolarbear said:

the burden of proof is so low it would be next to impossible to show that it was.

That's scary.

Same thing seems to be happening for driving whilst on the 'phone.

Whatever happened to innocent until proven guilty?

(I have not had a S59)

[SS2.]

maser_spyder said:

Whatever happened to innocent until proven guilty?

The presumption of innocence became a little more diluted the day that Section 59 was enacted.