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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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 Posted: 11:32 - 17 Aug 2012 Post subject: S59 - again! |
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This debate on other threads appears to have ruffled a few feathers.
There is currently an abysmally worded e-petition on the government site.
https://epetitions.direct.gov.uk/petitions/34148
If those interested would care to suggest any additions to the following (preferably ideas that I can use!), then I will submit a new one along these lines.
I'll give it a day or two for alterations/tweaks and then submit it to our friends in Government. It could also be used to lobby your local MP and for those interested in the four wheel scene maybe you'd like to hit the relevant forums with it. We can have an impact on this type of legislation - but only if you're prepared to click a few buttons.
| Quote: | Amendment to Section 59, Police Reform Act (2002), requested
Department of Transport
The current issuing of Section59 to users of vehicles currently involves the issuing officer to make a personal judgement call. It is my belief that this system is open to misuse or abuse, either an offence is committed or it is not. The system currently allows the seizure of a vehicle purely upon the grounds that a vehicle may cause distress, alarm or annoyance to members of the public or is being used in such a manner as to contravene sections 3 or 34 of the Road Traffic Act.
Contravention of the above said sections of the RTA should surely result in the issuing of the relevant ticket as defined by legislative process.
If, for example, the Section59 is issued for loud exhausts that have been passed as compliant during an MOT surely the matter should be taken up with the MOT station that passed the item or the manufacturers who made it compliant to EU law.
If driving without due care or attention is the fault why is the relevant ticket not issued?
An S59 issued because no defined laws are broken can lead to the confiscation of a vehicle, a much harsher punishment than drunk driving, driving without due care and attention, speeding to name but a few.
It would appear that an Officer or PCSO could feasibly issue an S59 because they find the colour of a vehicle offensive (a matter of personal opinion) and this has no obvious method of appeal or right to challenge.
Sometimes it causes me distress when a large vehicle passes me whilst I’m walking on the pavement – should it be right that a uniformed officer could issue an S59 for every bus or lorry going about their rightful business just because it makes me a little uncomfortable?
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____________________ Make mine a Corona.
Last edited by mentalboy on 15:16 - 17 Aug 2012; edited 4 times in total |
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| MarJay |
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 MarJay But it's British!

Joined: 15 Sep 2003 Karma :     
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 Posted: 11:44 - 17 Aug 2012 Post subject: |
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Take out the bit about loud exhausts... Otherwise good work!  ____________________ British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another. |
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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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| map |
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 map Mr Calendar

Joined: 14 Jun 2004 Karma :     
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 Posted: 11:55 - 17 Aug 2012 Post subject: |
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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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 Posted: 12:13 - 17 Aug 2012 Post subject: |
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point taken.  ____________________ Make mine a Corona. |
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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 12:47 - 17 Aug 2012 Post subject: |
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Since we're repeating ourselves, I'll just copy-pasta:
To be honest, the only realistic ways of challenging it are:
Judical Review (got £50K or so lying around?)
A civil case against a Force that loses in County and then wins in the Court of Appeal, in order to set a citable precedent.
Get the AA, RAC, MAG, BMF, IAM, Uncle Tom Cobley and All onboard, mount a noisy campaign based on some silver haired granny with some cute grandkids on board being done for being "inconsiderate" and "annoying" by driving too carefully[*].
Find a Cabinet minister's son, complain to plod about him chavving around, get his dad's car impounded. That should get it sorted in short order.
[*] Concrete examples of abuse, with names and dates, would carry much more weight than speculation. But facts won't really come into it, not at the level where it needs to be changed, so feel free to make some up. It happens all the time in politics, it's called "theoretical case studies".
Bear in mind that S59 doesn't extend North of the border, so I'm all right, Jack. ____________________ 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 15:42 - 17 Aug 2012; edited 1 time in total |
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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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| mentalboy |
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 mentalboy World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

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

Joined: 05 May 2012 Karma :   
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 Posted: 15:55 - 17 Aug 2012 Post subject: |
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Well that's emails to my MP, the Secretary of State for Transport (Justine Greening), The Under-Secretary (Norman Baker) and Mike Penning MP (new MAG member).
If you are going to email them just personalise each one by addressing each one individually.
Justine Greening - greeningj@parliament.uk
Norman Baker - info@normanbaker.org.uk
Mike Penning - mike@penning4hemel.com
I've got the ball rolling so it's up to you lot to support it, if of course you give a toss.
Miss Greening has actually sent what looks like a personalised 'I'll look into it'  ____________________ Make mine a Corona. |
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| Kris |
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 Kris World Chat Champion

Joined: 03 Feb 2002 Karma :   
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 Posted: 07:43 - 20 Aug 2012 Post subject: |
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| mentalboy wrote: | Well that's emails to my MP, the Secretary of State for Transport (Justine Greening), The Under-Secretary (Norman Baker) and Mike Penning MP (new MAG member).
If you are going to email them just personalise each one by addressing each one individually.
Justine Greening - greeningj@parliament.uk
Norman Baker - info@normanbaker.org.uk
Mike Penning - mike@penning4hemel.com
I've got the ball rolling so it's up to you lot to support it, if of course you give a toss.
Miss Greening has actually sent what looks like a personalised 'I'll look into it'  |
Nice one!
 ____________________ NSR125RR - ZXR750H1 - ZX9R E1 - GSF600S - GSF600SK3 - VFR400-NC30 - SV1000N - ST1100-R - CBR900RR-R - GSF1200SK5 - GSF600SK1 - VFR1200FA - GSXR1000K2 - ZZR1400 D8F
www.prisonplanet.com |
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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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 Posted: 09:23 - 25 Aug 2012 Post subject: |
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Well here it is:
https://epetitions.direct.gov.uk/petitions/37368
Time to get those keyboards clicking all those of you out there remotely concerned about the implications of getting issued with an S59.
I've had a response from my MP basically saying that he's asked for more info from the DofT. ____________________ Make mine a Corona. |
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| andy_uk |
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 andy_uk World Chat Champion

Joined: 13 Aug 2011 Karma :   
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 Posted: 10:16 - 25 Aug 2012 Post subject: |
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Signed  ____________________ Aprilia Classic 125, GS500E, ER5-A1, ER5-C4, ER6 & an XJ6 project frame... |
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| kotachi |
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 kotachi Traffic Copper

Joined: 26 Mar 2012 Karma :  
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 Posted: 10:17 - 25 Aug 2012 Post subject: |
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Yup same ____________________ CBT done - 24/03/2012, theory test done - 03/04/2012.. Mod 1 done -26/06/2012, Mod 2 done - 29/06/2012. Current steed: Cage.
Suntan Sid said: "Look at it this way, your employer wants to pay you the minimum amount, it thinks it can get away with, and extract from you the maximum amount of graft. Ergo it's your responsibility to ensure that karma is restored and you do as little work as you think you can get away with, for the maximum amount of money." |
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| Pete. |
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 Pete. Super Spammer

Joined: 22 Aug 2006 Karma :     
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 Posted: 11:11 - 25 Aug 2012 Post subject: |
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They should use S59 for non-road-registered vehicles, and road traffic legislation for registered vehicles. ____________________ a.k.a 'Geri'
132.9mph off and walked away. Gear is good, gear is good, gear is very very good  |
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| groovylee |
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 groovylee World Chat Champion

Joined: 20 Nov 2011 Karma :  
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 Posted: 11:16 - 25 Aug 2012 Post subject: |
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signed  ____________________ Past - 1988 honda revere 600, 1996 kawasaki gpz500s, 1999 Yamaha R6
Current - 2002 Aprilia RSV1000R & 1999 Kawasaki ZX6R |
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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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| Fruit'n'nut |
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 Fruit'n'nut Could Be A Chat Bot

Joined: 11 Feb 2005 Karma :  
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| Bubbs |
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 Bubbs World Chat Champion

Joined: 28 May 2009 Karma :  
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| dungbug |
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 dungbug Could Be A Chat Bot

Joined: 05 Feb 2012 Karma :   
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| daemonoid |
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 daemonoid World Chat Champion

Joined: 27 Jun 2008 Karma :    
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 Posted: 09:18 - 27 Aug 2012 Post subject: |
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| Fruit'n'nut wrote: | Part of the reasoning behind the introduction of s.59 PRA was give police a way to deal with regular anti-social drivers, e.g. those attending mass-meets in supermarket car parks, sea fronts and the like, and behaving anti-socially while doing so.
The pre-existing RTA legislation doesn't allow for the above to be dealt with in a timely fashion, or offer any protection for those affected by the (repetitive and frequent) incidents of anti-social driving. |
1. the police can already do you for loitering or have the power to arrest if they ask you to move along and you refuse. Car park cleared...
2. They were actually created to tackle off road riders in un-designated areas. (which already have laws against them anyway).
3. That's not how these laws are being used so kinda moot anyway.
| Fruit'n'nut wrote: | The obvious way to appeal against a s.59 warning/seizure which the recipient feels has been incorrectly issued would appear to me to be to write to the force concerned, laying out the reasons why you feel the warning etc should be removed. |
That's not an obvious way to appeal, and the letter could just be ignored with no recourse. The only way to appeal, that would be guaranteed to get a hearing, is through civil courts after they've already taken your vehicle off you.
I've said it many times, the key problem with S59 is that no proof is required for the issuing. The secondary problem is that it's a punishment directly from the police (no right to defend yourself against the allegations).
If there were an option to go to court to dispute a S59 then I would have no problem with it. ____________________ current: ducati monster 750
past: hyosung gt250r, bajaj pulsar 180, hyosung gt 125 comet
@thomasgarrard | www.straitjkt.com | www.racingseven.com
Last edited by daemonoid on 09:30 - 27 Aug 2012; edited 1 time in total |
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| Rob W |
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 Rob W World Chat Champion

Joined: 09 Nov 2004 Karma :     
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 Posted: 09:19 - 27 Aug 2012 Post subject: |
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Signed.
 ____________________ TS50 > Senda 125 > ZXR400 > CB-1 > GSX-R1000 > Bandit 600 > ZXR750 H1 > GSX-R750 SRAD > '98 Fireblade > T595 Daytona > Hornet 900 > '04 Fireblade > GSX-S1000F (x2) > '23 XSR900 |
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| mentalboy |
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 mentalboy World Chat Champion

Joined: 05 May 2012 Karma :   
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| bazza |
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 bazza World Chat Champion
Joined: 27 Aug 2004 Karma :  
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| salty21 |
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 salty21 World Chat Champion

Joined: 07 Jun 2006 Karma :  
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 Posted: 16:10 - 19 Sep 2012 Post subject: |
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signed, just waiting to validate it once the email arrives. Says it may take a few hours, probably why the sigs are not increasing just yet ____________________ 04 NSR 125(sold) ---- 03 CBR 600rr(sold) ----90 pan euro ST1100 ' ' ----02 CG 125
94 CB400 Super Four ---- 2000 VTR SP1 (sold) ---- 08 ninja p8f(sold, meh) ----05 CBR600rr  |
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Old Thread Alert!
The last post was made 13 years, 92 days ago. Instead of replying here, would creating a new thread be more useful? |
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