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| Kris |
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 Kris World Chat Champion

Joined: 03 Feb 2002 Karma :   
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 Posted: 19:36 - 15 Aug 2012 Post subject: OH BALLS!! (Another S59) |
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Unmarked Black Fireblade (05 model??) with plod dressed in all black filmed me slpitting lanes on the A2 eastbound.
Watch out all.
[edit - just for cov who lives miles away]
Oxford sports tailpack, Black and grey lid, tankbag etc.. Until he parked up you would have no idea it was plod.  ____________________ NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com
Last edited by Kris on 19:41 - 15 Aug 2012; edited 1 time in total |
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| WannaBeDude |
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 WannaBeDude World Chat Champion
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| DrDonnyBrago |
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 DrDonnyBrago World Chat Champion

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| Kris |
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 Kris World Chat Champion

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| U_W v2.0 |
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 U_W v2.0 World Chat Champion

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| DrDonnyBrago |
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 DrDonnyBrago World Chat Champion

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| DrDonnyBrago |
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 DrDonnyBrago World Chat Champion

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| U_W v2.0 |
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 U_W v2.0 World Chat Champion

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| Kris |
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 Kris World Chat Champion

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| Maccydee |
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 Maccydee Renault 5 Driver

Joined: 15 Mar 2012 Karma :    
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| Maccydee |
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 Maccydee Renault 5 Driver

Joined: 15 Mar 2012 Karma :    
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 Posted: 20:05 - 15 Aug 2012 Post subject: |
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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. |
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| WannaBeDude |
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 WannaBeDude World Chat Champion
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| Kris |
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 Kris World Chat Champion

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| Maccydee |
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 Maccydee Renault 5 Driver

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| DRZZack |
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 DRZZack Two Stroke Sniffer
Joined: 20 Jun 2012 Karma :    
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| waffles |
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 waffles World Chat Champion

Joined: 04 Oct 2009 Karma :   
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 Posted: 20:10 - 15 Aug 2012 Post subject: |
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A chum of mine (who occasionally posts on here) successfully fought a S59 ticket, it took him a long time to do and I think cost a bit of cash also but it is possible to do. I'll ask him what the circumstances of his when he gets back from holiday.
I guess the upside is that they stay with the bike and not you so you could sell the bike on and no have to worry about having your bike seized. Sucks though  ____________________ Theory test - 19/8/09, CBT - 11/10/09, MOD 1 - 16/8/10, MOD 2 - 27/10/10
Past rides Yamaha XT125X, Triumph TT600, Honda XR250
Current rides Suzuki GSXR 600, Honda MSX125 |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 20:18 - 15 Aug 2012 Post subject: |
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| stinkwheel wrote: | A PCSO could give you a section 59 because they think the colour of your bike is likely to cause offence and there is precisely fuck all you can do about it. |
Indeed... "alarm, distress or annoyance to members of the public".
Some members of the public are "annoyed" merely by the existence of bikes. Whether that's reasonable of them or not is not a condition of Section 59.
I'm wondering if word has come down from on high to start having a laugh with S59 and see what they can get away with.
Here's a thought. Since S59 is very carefully worded to avoid the tiresome legal bother of actually accused anyone of committing an offence, what's the statutory obligation to provide your name?
| waffles wrote: | I guess the upside is that they stay with the bike and not you |
Um, no.
| PRA 2002 Section 59 (5) (d) wrote: | 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 [of] the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months. |
I don't know where the idea came from that it stays with the vehicle, except possibly in the de facto way that it's being administrated. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
Last edited by Rogerborg on 20:22 - 15 Aug 2012; edited 1 time in total |
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| U_W v2.0 |
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 U_W v2.0 World Chat Champion

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| stinkwheel |
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 stinkwheel Bovine Proctologist

Joined: 12 Jul 2004 Karma :    
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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| waffles |
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 waffles World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 20:28 - 15 Aug 2012 Post subject: |
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| stinkwheel wrote: | | Rogerborg wrote: | Here's a thought. Since S59 is very carefully worded to avoid the tiresome legal bother of actually accused anyone of committing an offence, what's the statutory obligation to provide your name?  |
They can just apply it to the vehicle. Doesn't matter who was driving. In fact, it can follow a vehicle after it's been sold. |
I don't see which part of Section 59 allows for that.
Of course, that may be how it's actually being applied, but that doesn't make it right, or lawful, to do so.
It'll take someone facing a force down in a well publicised case to sort it out, mind.
Not sure I really want to risk crossing the border for BCF BBQ 2012.2 now.  ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike
Last edited by Rogerborg on 20:29 - 15 Aug 2012; edited 1 time in total |
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| multijoy |
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 multijoy World Chat Champion

Joined: 03 Oct 2008 Karma :   
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 20:31 - 15 Aug 2012 Post subject: Re: OH BALLS!! (Another S59) |
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| multijoy wrote: | it's not like a traffic copper to not go for the substantive offence, so it's very possible that he's said s59 to just put the wind up you. |
Sanctioned detection, box ticked, target hit, no dicking around with the tedious old fangled "justice" system. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Old Thread Alert!
The last post was made 13 years, 133 days ago. Instead of replying here, would creating a new thread be more useful? |
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