Section 59.Traffic act - Are fhe Police abusing it?

[chezz]

What are your thoughts and experiences....step out of line and your pride and joy can be seized....the Police seem to be dishing out these warning without just cause...High powered vehicles like Scoobies S2's. UR's etc., clearly attract the attention of the 'hypocrites'

[sam80quattro]

don't even need to step out of line. i could simply ring the police, say you were driving like a ****, give them your reg. knock on the door later and you have a section 59. absolute joke

[Monkeymagic]

Its not a joke it needs to be substantiated and either the driver or the vehicle needs to be reported within the next 12 months before any seizure can take place.
It is a valuable tool, anyway what copper would know what an s2 is unless the driver is drawing attn to themselves...?

[Error404]

I don't even know what a section 59 is?

[rj scotty]

http://www.humberside.police.uk/trav...iving-offences

[Ross]

Looks like it's been around since 2002 and I've never heard of it... had a few times a cop could have issued one (but not justified) if he wanted to be a real ******** so I guess that means it's not being abused in my experience. I can see how 'known' boy racers who are pissing about could end up with one pretty easily though, could be used as a bit of a 'revenge' device against someone being a regular tool.

I don't like the wording though, 'being an annoyance to the public'? I'm an annoyance to every driver who gets shocked when they try to block the old Audi passing them by flooring it, only to get blasted by I5 shockwaves... and they are an annoyance to me... no two guesses who would get done if witnessed though.

[rj scotty]

I should have received one on Saturday evening due to being baited by an MG ZR, I don't think Mr ZR will try it again though

[andy10v]

I don't even know what a section 59 is?

Summarised in the link above. If they don't like what you are going. A guy on SRS was given one for overtaking.

It is a handy tool for tackling anti social behaviour, but it open to abuse.

If you piss them off you will just get done for whatever moving road traffic offence they fancy, my mate was taken to court, and the police officer just lied, tough ****.

SECTION 59
Vehicles used in a manner causing alarm, distress or annoyance:
(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which —
(a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public, he shall have the powers set out in subsection (3).

(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).

(3) Those powers are —
(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b) power to seize and remove the motor vehicle;
(c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any
premises on which he has reasonable grounds for believing the motor vehicle to be;
(d) power to use reasonable force, if necessary, in the exercise of any power
conferred by any of paragraphs to (a) to (c).

(4) A constable shall not seize a motor vehicle in the exercise of the powers
conferred on him by this section unless —
(a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b) it appears to him that the use has continued or been repeated after the warning.

(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7) Subsection (3)(c) does not authorise entry into a private dwelling house.

(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.

(9) In this section —
• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

[Monkeymagic]

Im sorry but peoples view of what is acceptable driving dtandard is subjective.
You may feel hard done by but biting cos someone overtook you is not an offence. Bit it is the manner in which you respond.
Im not saying i havent done the odd stupid manouvre when fronted with some idiot who.does something to upset me. However if you reflect and look at the things we do as drivers at times they could be dangerous.
We need to realise how dangerous 2 tonne of metal can be.
The sect 59 however is aimed at targetting anti social.use of a vehicle it should not be used for out right offences such as stupid overtakes or racing on a public highway. These are offences in their own right.

[Callumpears0n]

I was given a section 59 when I was 15 years old for riding a trials bike with no insurance or helmet. I was on private land that I had permission to be on and I was sat eating when the police turned up the bike wasn't even running. So yeah they can be given without any proof of an offense

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[Sonic]

It's a sorry excuse for allowing an officer to cause you some problems just because they fancy it.

There was a chap on PH who pulled out of a carpark in his focus RS after a meet, rev'd it up to 5k to get a move on, nothing anti-social or dangerous, and who then had an over-zealous officer come bombing up the road chasing after him where upon he received an s59. The video footage of the incident clearly showed the only person making a stupid maneuver was the cop.

I don't believe it's always abused, but it seems like the perfect type of legislation to allow abuse, just because somebody doesn't like the fact you accelerated quicker than they would or the police think you have a noisy car.

[zefsider]

I'm sure I can remember a guy I knew told me he got pulled and fined for what the Police called ''Reckless acceleration'' , even though he didnt actually exceed the limit on that road, just booted it up to that limit quite rapidly ....does anyone know if this is still an offence, or ever was ? Many years ago it was....he said he later got a 'drunk in charge of a bicycle' charge too at some point....dunno if he was just making it all up

I know in Australia they have the ''anti-hoon'' Laws that can be very strict ....''Furious Driving'' is an offence in some Aussie States ....that offence title puts me in mind of some Wacky Races characters

[andy10v]

Im sorry but peoples view of what is acceptable driving dtandard is subjective.

That is part of the problem, and not all police are equal/honest.

I am not saying it is constantly abused, I am sure most people are happy to have them handed out regularly to the local idiots who drag race through the town centre.

However this bit is rather nasty. Lots of people are annoyed by many legal and safe manouvers.

is causing, or is likely to cause, alarm, distress or annoyance to members of the public

(eg ever been flashed for overtaking somebody safely?)


Its pretty pointless anyway, as said very subjective, and people normally only tell one side of a story.

[Error404]

I guess it all boils down to the fact that coppers are just normal people and as with most normal people, a lot of them are c*nts.

[Sonic]

I guess it all boils down to the fact that coppers are just normal people and as with most normal people, a lot of them are c*nts.

Most, rather than just a lot.