I have been warned !
Author
Discussion

jjr1

Original Poster:

3,042 posts

290 months

Thursday 9th June 2005
quotequote all
After accelerating away from a set of lights in a safe and controlled manner I have received a warning notice under section 59 of the Police reform act 2002 threatening me that my car may be seized if I am seen to do the same again in future?

So exactly how fast can I accelerate without my car being impounded?

voyds9

8,490 posts

313 months

Thursday 9th June 2005
quotequote all
Been there done that, got a warning for other people being unaware of the capabilities of my car ie they didn't know it could go round a roundabout quickly, and would crash while being amazed.

supraman2954

3,241 posts

269 months

Thursday 9th June 2005
quotequote all
discussed here

Its a bit scary; my typical everyday acceleration away from lights, my car driven well within its limits, is around the same as a lesser FWD car at its limit of traction. Could some people believe that I should be nicked?

Balmoral Green

42,561 posts

278 months

Thursday 9th June 2005
quotequote all
The problem here is the perception of the officer involved. They are trying to make a judgement based on a false assumption and flawed perception. Hell, some cars look dangerous just standing still. Another officer with a little more knowledge about cars may well have had no reaction whatsoever.

I had the opportunity to legally and safely overtake a police car the other day, it was cruising behind a very slow moving truck on the A515, I could have easily passed both, or just the patrol car, and then the truck at the next opportunity.

I did neither and stayed where I was, simply because I couldnt be sure the officer wouldnt be an arse.

BliarOut

72,863 posts

269 months

Thursday 9th June 2005
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I would expect that as long as your wheels weren't spinning you would be quite within your rights to explain how he had misinterpereted the act.

mybrainhurts

90,809 posts

285 months

Thursday 9th June 2005
quotequote all
Enforcement in this manner ought to be possible only with video evidence.

That's the only way for an appeal to an expert witness to overrule an incompetent plod.

Zod

35,295 posts

288 months

Thursday 9th June 2005
quotequote all
Pure envy on the part of the person who reported you, most likely.

This is a disgraceful piece of legislation, allowing no opportunity for you to provide representations.

jjr1

Original Poster:

3,042 posts

290 months

Thursday 9th June 2005
quotequote all
BliarOut said:
I would expect that as long as your wheels weren't spinning you would be quite within your rights to explain how he had misinterpereted the act.


Me too but obviously this lot have other interpretations of what is fair and unfair !

havoc

33,423 posts

265 months

Thursday 9th June 2005
quotequote all
Jesus...I'm lucky I've not been done then - I regularly give it some away from lights...not racing, and not stupid, but just for fun. Didn't realise that was illegal, given that I'm always in full control of the car and always within the speed limit!

As for travelling around roundabouts too fast......I can't help it if my car doesn't know when to let go, can I?!?

john_p

7,073 posts

280 months

Thursday 9th June 2005
quotequote all
Zod said:
Pure envy on the part of the person who reported you, most likely.

This is a disgraceful piece of legislation, allowing no opportunity for you to provide representations.


Definitely. Still got the Porsche jjr1 ?

Yet another "thought crime"

jjr1

Original Poster:

3,042 posts

290 months

Thursday 9th June 2005
quotequote all
Yep still got the Porker and looked at a Sagaris today but decided against as it bottoms out on the roads I like . ie bumpy ones

volvos70t5

852 posts

259 months

Friday 10th June 2005
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Why not do what I do. Which is to keep it sensible on 30/40/50 roads and on dual carriageways/motorways and then be 'flexible' on single carriageway NSL's.

Nick_F

10,598 posts

276 months

Friday 10th June 2005
quotequote all
volvos70t5 said:
Why not do what I do. Which is to keep it sensible on 30/40/50 roads and on dual carriageways/motorways and then be 'flexible' on single carriageway NSL's.


I imagine that's exactly what the vast majority of PHers do too, including the original poster.

The question is why on earth accelerating within the limits of traction and below the speed limit should add up to not 'keeping it sensible' and get you a Section 59 without any corroborating evidence or any opportunity for defence.



busa_rush

6,930 posts

281 months

Friday 10th June 2005
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Is it worth writing to the plod and repudiating the claim and offering your car for a VOSA noise test and attaching a copy of your last MOT certificate ? Would prove beyond doubt that the car is legal and therefore unless you were driving on the pavement or being a complete chav, not breaking the law.

victormeldrew

8,293 posts

307 months

Friday 10th June 2005
quotequote all
Totally ridiculous!

Go to the states and see what happens at the lights there. They go green, within a second everyone is doing 30mph. Their cars are set up to get from 0 to 30 as quick as possible, they're all autos, they just floor it. Any why not?

What would be the situation here in an auto? One with traction control?

randlemarcus

13,646 posts

261 months

Friday 10th June 2005
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Its almost certainly worth trying to fight this one, as this is an appalling piece of law.

If you have been served with notice under section 59, granny biggles up the road can get your P&J taken off you because its too noisy.

Full text here:
www.police-law.co.uk/law/policelaw.nsf/1649e8496940e5e380256ba8006061d3/eb70be18dde6cde080256ca2002a1476!OpenDocument

We didnt fight this at the time, because it was for chavved up novas.:hangsheadinshame:

“All that is necessary for the triumph of evil is that good men do nothing.”
(Edmund Burke).

volvos70t5

852 posts

259 months

Friday 10th June 2005
quotequote all
Nick_F said:

volvos70t5 said:
Why not do what I do. Which is to keep it sensible on 30/40/50 roads and on dual carriageways/motorways and then be 'flexible' on single carriageway NSL's.



I imagine that's exactly what the vast majority of PHers do too, including the original poster.

The question is why on earth accelerating within the limits of traction and below the speed limit should add up to not 'keeping it sensible' and get you a Section 59 without any corroborating evidence or any opportunity for defence.



Fair point. But since when has legislation been fair, just and proportionate?

jjr1

Original Poster:

3,042 posts

290 months

Friday 10th June 2005
quotequote all
I will pop up to the Station today and see what can be done as it is unbelievable that I broke no laws yet am treated like the boy racers around our way who hang out in town revving their cars and playing music as loud as they can.

neil_cardiff

17,113 posts

294 months

Friday 10th June 2005
quotequote all
Heh,

Funnily enough I've just been pulled and given a ticking off for 'ahem' testing my new Toyo's.

Fair enough I was punting round the roundabout like a spaz, but it was controlled etc.

But rightly so the officer had a chat, and nicely said don't do it again.

Fair cop I guess...but interesting in that he did say that it's not you or your car etc, it's others that he is concerned for (and utimately I should be). So lesson learn't...

I blame the hot sun myself

p.s. he was even gracious about my indicator bulb that was out, and when I gave it a bang, it worked - and all he did was roll his eyes!

>> Edited by neil_cardiff on Friday 10th June 14:01