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So. Everyone thinks section 59 tickets are crock of shit?

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stinkwheel
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PostPosted: 20:28 - 15 Aug 2012    Post subject: So. Everyone thinks section 59 tickets are crock of shit? Reply with quote

We seem to have a consensus that it is totally out of order and very open to misuse and abuse, particularly for motorcyclists.

What do we do about it?

Write to our MP?

Write to the transport minister?

An e-petition?

Verbosely whinge about it on an internet forum where nobody who can do anything about it will see?
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J.M.
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PostPosted: 20:28 - 15 Aug 2012    Post subject: Re: So. Everyone thinks section 59 tickets are crock of shit Reply with quote

stinkwheel wrote:
Verbosely whinge about it on an internet forum where nobody who can do anything about it will see?


Dibs.
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Clanger
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PostPosted: 20:32 - 15 Aug 2012    Post subject: Reply with quote

What is it exactly...? I tried google but TL;DR can we have it in layman's terms please. Ta, it's late, my brain doesn't work this late. Cool
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U_W v2.0
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PostPosted: 20:38 - 15 Aug 2012    Post subject: Reply with quote

some sort of ticket issued by cops who are too lazy to charge you for a real offence. at least thats the general gist i got from the other thread.
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daemonoid
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PostPosted: 20:39 - 15 Aug 2012    Post subject: Reply with quote

I'll join in with anything on this one - well anything legal and doable mainly from a distance.

Anyone live in Hemel Hempsted? Mike Penning (https://www.mikepenning.com/) is biker friendly and may be a good avenue for that...

He'd almost certainly be interested in some of the abuses of this power.
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Last edited by daemonoid on 20:42 - 15 Aug 2012; edited 1 time in total
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Blackwolf
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PostPosted: 20:40 - 15 Aug 2012    Post subject: Reply with quote

Had one. yes there bollocks. Its a judge, jury and executioner ticket given by the Police
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daemonoid
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PostPosted: 20:41 - 15 Aug 2012    Post subject: Reply with quote

Clanger wrote:
What is it exactly...? I tried google but TL;DR can we have it in layman's terms please. Ta, it's late, my brain doesn't work this late. Cool


Simple overview:
https://www.fastcar.co.uk/2010/07/15/what-is-a-section-59/

Actual legislation:
https://www.legislation.gov.uk/ukpga/2002/30/section/59
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mentalboy
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PostPosted: 20:42 - 15 Aug 2012    Post subject: Reply with quote

Clanger wrote:
What is it exactly...? I tried google but TL;DR can we have it in layman's terms please. Ta, it's late, my brain doesn't work this late. Cool


Mr Plod: 'ello, 'ello.
Me: 'good evening officer, how may I help you?'
Mr Plod: 'You're not breaking the law but I don't like the way you drive,etc. I can't give you a ticket but this S59 says next time we do catch you misbehaving enough to warrant a ticket we'll confiscate your mode of transport'
Me: 'Thank you very much officer, have a nice evening' Crying or Very sad
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daemonoid
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PostPosted: 20:56 - 15 Aug 2012    Post subject: Reply with quote

mentalboy wrote:
Mr Plod: 'ello, 'ello.
Me: 'good evening officer, how may I help you?'
Mr Plod: 'You may or may not be breaking the law but I don't like the way you drive,etc. I can't be bothered writing this up and maybe going to court but have this S59. Next time we decide we don't like the cut of your jib we'll confiscate your mode of transport'
Me: [not entitled to a response]


EFA. Also note they've started doubling up, so they may even give you a ticket and a S59!
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multijoy
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PostPosted: 21:23 - 15 Aug 2012    Post subject: Reply with quote

They should do both. If you can form the reasonable grounds for careless driving etc. to issue a s59, there's no reason not to write up the substantive offence.

If you don't write up the evidence, you can't enforce the subsequent seizure (or at least have it stand in the civil action).
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binge
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PostPosted: 21:29 - 15 Aug 2012    Post subject: Re: So. Everyone thinks section 59 tickets are crock of shit Reply with quote

stinkwheel wrote:

Verbosely whinge about it on an internet forum where nobody who can do anything about it will see?


This forum is full of winging cunts. If it's not S59's, they'll find something else to have a moan about. Thumbs Up
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stinkwheel
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PostPosted: 21:30 - 15 Aug 2012    Post subject: Reply with quote

multijoy wrote:
They should do both. If you can form the reasonable grounds for careless driving etc. to issue a s59, there's no reason not to write up the substantive offence.

If you don't write up the evidence, you can't enforce the subsequent seizure (or at least have it stand in the civil action).


The only actual offence you can be done for under S59 is refusing to comply with the seizure. The reason for the seizure is not up for debate and they don't have to justify it, they just have to issue it.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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JP7
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PostPosted: 21:32 - 15 Aug 2012    Post subject: Reply with quote

For a S59 warning to be issued, there need to be two elements to the offence.

1, there needs to be a Driving without due care and attention offence either on road (S3 RTA) or off-road (S34 RTA).

2, there also needs to be an antisocial element to the offence, so you either need to cause alarm, distress or annoyance, or be likely to.

If it doesn't fit both of those then a S59 isn't appropriate and shouldn't be issued.

As Multijoy says, if the Due Care offence is made out, you can be prosecuted regardless of whether or not you get a S59 as well. Most cops will consider the S59 as an alternative way of dealing with the offence to prosecution, unless it's something serious enough to warrant both.

I do think there is a lack of understanding among drivers, and I also think among some police officers, about S59s.
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daemonoid
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PostPosted: 21:33 - 15 Aug 2012    Post subject: Reply with quote

multijoy wrote:
They should do both. If you can form the reasonable grounds for careless driving etc. to issue a s59, there's no reason not to write up the substantive offence.

If you don't write up the evidence, you can't enforce the subsequent seizure (or at least have it stand in the civil action).


So book people twice for the same offence? I'm damn glad you're not in charge. You seem to be all in favour of street judges? Given your contribution to the other S59 thread you also don't seem great at critical reading of legislation - you need to not look for the intention, but the holes, the problems, the loopholes that will be exploited...

Anyway, stinkwheel. What would be the outcome you want of any action? I'd suggest a right to appeal or court, essentially making a S59 like FPN - take it if you wish but the cops have to prove it if you don't.

No one from Hemel on here?
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keggyhander
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PostPosted: 21:35 - 15 Aug 2012    Post subject: Reply with quote

stinkwheel wrote:

The only actual offence you can be done for under S59 is refusing to comply with the seizure.


I'll repeat this from the other thread:

Quote:
My bike is kept in my father's garage. I put it at the far end of the garage, with his bike blocking it in, so that he can get his bike out while I'm not there.

If I got two reports by members of the public, or a snidey copper, and this triggered a S59 seizure, can the police turn up and steal my bike from my father's garage?

My Dad says there's no way in hell he would willingly open the garage door, unlock his bike and move it in order to provide access to mine. He says he would demand a warrant, including details of what crime had been committed. He would get EVERY neighbour out jeering the police, and would film everything. He would get arrested for obstruction if need be. His word's to me are: "If you've not committed a crime, then NOBODY is taking your bike out of MY house."



Where does our old fella stand?
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multijoy
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PostPosted: 21:40 - 15 Aug 2012    Post subject: Reply with quote

daemonoid wrote:

So book people twice for the same offence? I'm damn glad you're not in charge. You seem to be all in favour of street judges?


S59 is not, in of itself, an offence. It creates offences (failing to stop) and it provides an opportunity for seizure. It is meant to be used in conjunction with other legislation.

Law student, by any chance?
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stinkwheel
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PostPosted: 21:48 - 15 Aug 2012    Post subject: Reply with quote

keggyhander wrote:

Where does our old fella stand?


In the dock.

JP7 wrote:

For a S59 warning to be issued, there need to be two elements to the offence.

1, there needs to be a Driving without due care and attention offence either on road (S3 RTA) or off-road (S34 RTA).

2, there also needs to be an antisocial element to the offence, so you either need to cause alarm, distress or annoyance, or be likely to.

If it doesn't fit both of those then a S59 isn't appropriate and shouldn't be issued.


Two members of my club (so people I know personally) have been given a S59 notice for having a noisy exhaust.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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multijoy
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PostPosted: 21:53 - 15 Aug 2012    Post subject: Reply with quote

stinkwheel wrote:
[
Two members of my club (so people I know personally) have been given a S59 notice for having a noisy exhaust.


Just because it's been issued doesn't make it valid. S59 is clear -
Quote:
(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).


It needs to be both.
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stinkwheel
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PostPosted: 21:53 - 15 Aug 2012    Post subject: Reply with quote

Ok. So legalise people.

I have the financial means and the bloody-minded attitude to challenge a S59 notice on general principle if I ever received one.

How would I do this?
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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JP7
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PostPosted: 21:54 - 15 Aug 2012    Post subject: Reply with quote

stinkwheel wrote:
keggyhander wrote:

Where does our old fella stand?


In the dock.

JP7 wrote:

For a S59 warning to be issued, there need to be two elements to the offence.

1, there needs to be a Driving without due care and attention offence either on road (S3 RTA) or off-road (S34 RTA).

2, there also needs to be an antisocial element to the offence, so you either need to cause alarm, distress or annoyance, or be likely to.

If it doesn't fit both of those then a S59 isn't appropriate and shouldn't be issued.


Two members of my club (so people I know personally) have been given a S59 notice for having a noisy exhaust.

A noisy exhaust can come under inconsiderate driving if the rider is making a point of revving it loudly, but if not it would be difficult to make that stick sometimes.
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daemonoid
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PostPosted: 21:56 - 15 Aug 2012    Post subject: Reply with quote

multijoy wrote:
S59 is not, in of itself, an offence. It creates offences (failing to stop) and it provides an opportunity for seizure. It is meant to be used in conjunction with other legislation.

Law student, by any chance?


Hah, nothing of the sort - I'm a middle aged development manager.

Who said S59 was an offence? It's a legislation that allows street punishment for something as simple as a cop not liking the way you look and all the justification he needs is to say he witnessed something he thought was wrong.

And as far as it was meant to be used - the legislation was created in reaction to the difficulty prosecuting cruisers in modified cars & bikers off road.
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mentalboy
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PostPosted: 21:57 - 15 Aug 2012    Post subject: Reply with quote

It seems to me that, unfortunately, the double booking is referring to an incident mentioned on another thread for two separate offences.
Speeding was without question and thus legally bookable, the S59 came about because of the questionability of the exhaust/filtering.

Thus we can get shafted legally with points, fines etc and, just to rub it in, 'I don't like your face so I'm going to s**t in your mouth and give you an S59'
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Last edited by mentalboy on 21:59 - 15 Aug 2012; edited 1 time in total
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stinkwheel
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PostPosted: 21:58 - 15 Aug 2012    Post subject: Reply with quote

multijoy wrote:

Just because it's been issued doesn't make it valid. S59 is clear -
Quote:
(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).


It needs to be both.


So what do you do about it?

A copper issues you one section 59 because you have a loud exhaust and second one because he thinks you've painted it an offensive colour and seizes your bike.

What do you do? You have to pay them £140 to get it back or it'll be crushed in 7 days. Refusing to comply with the seizure is an offence in and of itself. There is no option to have your case heard in court because unless you refuse to comply, you have not committed an offence.

What do?
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mentalboy
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PostPosted: 22:01 - 15 Aug 2012    Post subject: Reply with quote

I think you could probably challenge the same copper issuing two at once
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multijoy
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PostPosted: 22:01 - 15 Aug 2012    Post subject: Reply with quote

stinkwheel wrote:
Ok. So legalise people.

I have the financial means and the bloody-minded attitude to challenge a S59 notice on general principle if I ever received one.

How would I do this?


The thing is, the s59 'notice' is kind of meaningless - it's ostensibly fulfilling the 'warning' aspect to allow the subsequent seizure. There's no decision that you can request a judicial review about.

As much as I hate to say it, you'd probably have to get a vehicle siezed, whilst being very careful to dodge (1)(a) at the same time, and then fire up a solicitor.

I'm not, however, convinced that it applies to Scotland Thinking

edit: It is England & Wales specific, so you'd have to venture down with the rest of us lowlanders to have any fun with it.

With regards the actual process (and I am not a solicitor, so the procedure is fairly broad brush), you'd be looking to apply for an interim injunction to prevent them crushing the vehicle, and then looking to challenge the decision by way of a judicial review. Where they've failed to prove (1)(a), you'd be looking at procedural impropriety or an error of law or fact.
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Last edited by multijoy on 22:08 - 15 Aug 2012; edited 1 time in total
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