section 59

[Adam_BGT]

anyone know anything about these? My local 'hobby bobby' just gave me one on account of the fact that accelerating any faster than an astra diesel is capable of (long straight NSL single carriageway) is 'antisocial behaviour' and apparently i'm lucky that he's not reported me for dangerous driving.

What does it mean exactly, apart from that my car can be seized if i misbehave even slightly? do they time-expire? can my car be taken from my 'better half' if she happens to be using it?

[Brother Mycroft]

A section 59 is a 2 step measure to seizing the vehicle.

You need 2 Section 59s to have your vehicle siezed.

Both notices need to be contrary to either the relevent parts of Section 3 or section 34 of the RTA, can't remember the year, sorry.

I would write to the Area Commander at the named cop shop stating that you are unsure as to why the S59 warning was issued and ask for disclosure of the documents on the matter... they usually refuse and you may have to get a solicitor to ask for you in legalese.

If you are certain that the officer is wrong and you didn't make a nuisance of yourself and the car was being driven courteously then push for having the S59 struck.

[ineedagallardo]

Is there a time frame on which the two offences have to be commited for them to seize the veichle,

Or after a certain amount of time does the first not become valid?

Thanks

[Brother Mycroft]

I don't know for certain but my memory says 12 months.

Back in a mo!

Found this link:-

http://www.glass-uk.org/index.php?option=com_conte...

Just seen it, the first warning is valid for twelve months!

Edited by Brother Mycroft on Thursday 11th October 01:10

[bluepolarbear]

Brother Mycroft said:

I would write to the Area Commander at the named cop shop stating that you are unsure as to why the S59 warning was issued and ask for disclosure of the documents on the matter... they usually refuse and you may have to get a solicitor to ask for you in legalese.

Pointless. It only requires one person to be distressed and that includes the BiB. You have no right of appeal to this, it can't be challenged and can't be taken to court for a judge to decide.

[Einion Yrth]

bluepolarbear said:

Brother Mycroft said:

I would write to the Area Commander at the named cop shop stating that you are unsure as to why the S59 warning was issued and ask for disclosure of the documents on the matter... they usually refuse and you may have to get a solicitor to ask for you in legalese.

Pointless. It only requires one person to be distressed and that includes the BiB. You have no right of appeal to this, it can't be challenged and can't be taken to court for a judge to decide.

[Brother Mycroft]

bluepolarbear said:

Brother Mycroft said:

I would write to the Area Commander at the named cop shop stating that you are unsure as to why the S59 warning was issued and ask for disclosure of the documents on the matter... they usually refuse and you may have to get a solicitor to ask for you in legalese.

Pointless. It only requires one person to be distressed and that includes the BiB. You have no right of appeal to this, it can't be challenged and can't be taken to court for a judge to decide.

Well... if the notice is in any way incorrect it is void, that's a start!

[Silent1]

A friend of mine got an S59 on his bike, so he sold it and bought another. It's like a bloody ASBO it does nothing to stop people.

[BertBert]

Adam_BGT said:

anyone know anything about these? My local 'hobby bobby' just gave me one on account of the fact that accelerating any faster than an astra diesel is capable of (long straight NSL single carriageway) is 'antisocial behaviour' and apparently i'm lucky that he's not reported me for dangerous driving.

What does it mean exactly, apart from that my car can be seized if i misbehave even slightly? do they time-expire? can my car be taken from my 'better half' if she happens to be using it?

So what prompted him to do that then? An MGB cannot accelerate faster than an Astra Diesel. How could he have even noticed you?
Bert

[711]

Adam_BGT said:

My local 'hobby bobby'

Do you mean a special or a PCSO?

[JP_Midget]

BertBert said:

Adam_BGT said:

anyone know anything about these? My local 'hobby bobby' just gave me one on account of the fact that accelerating any faster than an astra diesel is capable of (long straight NSL single carriageway) is 'antisocial behaviour' and apparently i'm lucky that he's not reported me for dangerous driving.

What does it mean exactly, apart from that my car can be seized if i misbehave even slightly? do they time-expire? can my car be taken from my 'better half' if she happens to be using it?

So what prompted him to do that then? An MGB cannot accelerate faster than an Astra Diesel. How could he have even noticed you?
Bert

From the profile it's non-standard, and there is a fair performance gain to be had... especially when most people just see an old car and assume that it should be slow; perhaps because the car was swifter than expected it caused the opinion that it was being pushed to its limits, resulting in the S59?

[L14MNV]

Silent1 said:

A friend of mine got an S59 on his bike, so he sold it and bought another. It's like a bloody ASBO it does nothing to stop people.

Its part of the Police Reform Act 2004? from memory...

Irrespective if your friend has ditched his bike for a new one. If he is caught on another bike causing harassment, alarm and distress, that vehicle will be seized.

It is placed on the person and the vehicle. For example, if that vehicle is ridden by someone else after Mr Bloggs has already received warning then that vehicle will be seized.

However, you can reclaim the vehicle back after paying something in the region of £105 + daily storage charges.

And I believe it stays on your record for 12 months, but again I’m not 100% sure.

[Adam_BGT]

An MGB cannot accelerate faster than an Astra Diesel. How could he have even noticed you?
Bert
[/quote]

An astra diesel that can hit 60 in less than 6 seconds?? interesting? the MG isnt exactly standard anyways!

[mark69sheer]

The form says you can get a section59 for spinning wheels or accelerating.

Better watch out on the cold mornings.

I think these laws were brought in to catch the Maccy D cruise crowd in the out of town car parks.

[Adam_BGT]

Thanks for the input there guys! so it would seem that i and anyone else driving my car has to be very very good for the next 12 months! Just out of interest though, if i were to be pulled for say, a minor speeding offence, without causing alarm, distress etc, am i likely to have the car confiscated?

[SS2.]

Adam_BGT said:

Just out of interest though, if i were to be pulled for say, a minor speeding offence, without causing alarm, distress etc, am i likely to have the car confiscated?

Probably not.. But then the legislation appears somewhat vague when it comes to how you define distress, annoyance, alarm etc..

Police Reform Act 2002

FWIW, I think its an odious piece of legislation. Well intended, maybe, but too readily open to abuse / misuse for my liking with little or no recourse to appeal.

[s2art]

I am a bit puzzled by this. Doesnt the Human Rights Act apply in that you are entitled to a fair trial?

[fluffnik]

bluepolarbear said:

Brother Mycroft said:

I would write to the Area Commander at the named cop shop stating that you are unsure as to why the S59 warning was issued and ask for disclosure of the documents on the matter... they usually refuse and you may have to get a solicitor to ask for you in legalese.

Pointless. It only requires one person to be distressed and that includes the BiB. You have no right of appeal to this, it can't be challenged and can't be taken to court for a judge to decide.

Nasty fascist bit of twuntery S59, no connection with justice, no safeguards against abuse.

...so make a formal complaint about harassment by the plod who issued it.

[bluepolarbear]

Brother Mycroft said:

bluepolarbear said:

Brother Mycroft said:

I would write to the Area Commander at the named cop shop stating that you are unsure as to why the S59 warning was issued and ask for disclosure of the documents on the matter... they usually refuse and you may have to get a solicitor to ask for you in legalese.

Pointless. It only requires one person to be distressed and that includes the BiB. You have no right of appeal to this, it can't be challenged and can't be taken to court for a judge to decide.

Well... if the notice is in any way incorrect it is void, that's a start!

In theory but there is very little to get incorrect. The "notice" isn't even defined can be verbal. BiB needs resonable grounds of S3 or 34 of RTA88 - easy to defend and someone who IS or LIKELY TO BE distressed/alarmed or ANNOYED which can include themselves again easy to defend.

S59 It has been debated many times on the forum. The BiBs and some MOPs like it because it allows them to dish out instant justice to prevent the obvious anti social car behaviours. The other MOPs don't like because it has no effective goverance and it is used for things other than that orginal intended (introduced as knee jerk reaction to public complaining about teengers gathering in empty supermarket carparks etc with loud music doing donuts etc).

[Silent1]

L14MNV said:

Silent1 said:

A friend of mine got an S59 on his bike, so he sold it and bought another. It's like a bloody ASBO it does nothing to stop people.

Its part of the Police Reform Act 2004? from memory...

Irrespective if your friend has ditched his bike for a new one. If he is caught on another bike causing harassment, alarm and distress, that vehicle will be seized.

It is placed on the person and the vehicle. For example, if that vehicle is ridden by someone else after Mr Bloggs has already received warning then that vehicle will be seized.

However, you can reclaim the vehicle back after paying something in the region of £105 + daily storage charges.

And I believe it stays on your record for 12 months, but again I’m not 100% sure.

Ah, it was explained to him in the manner that if that bike was stopped doing a similar thing again he'd lose it.

FWIW he got it after overtaking an unmarked car, clocking it was a BiB when he got level and waving at them.