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S59 - again!

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mentalboy
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PostPosted: 11:32 - 17 Aug 2012    Post subject: S59 - again! Reply with quote

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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Last edited by mentalboy on 15:16 - 17 Aug 2012; edited 4 times in total
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MarJay
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PostPosted: 11:44 - 17 Aug 2012    Post subject: Reply with quote

Take out the bit about loud exhausts... Otherwise good work! Thumbs Up
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mentalboy
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PostPosted: 11:49 - 17 Aug 2012    Post subject: Reply with quote

MarJay wrote:
Take out the bit about loud exhausts... Otherwise good work! Thumbs Up


Any particular reason? Just thought a few examples would help - or does it just make me look like a ear bashing cut-off fanatic?
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map
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PostPosted: 11:55 - 17 Aug 2012    Post subject: Reply with quote

As said in the other thread on S59 I think the petition wording can be used as a draft for a letter to peoples local MP? I'm saying that for the sick, lame and lazy who would just copy and paste into an email!

Contact your MP via Write To Them

The current Home Secretary is Theresa May - she can be contacted via
Quote:
Rt Hon Theresa May MP
Home Secretary
2 Marsham Street
London
SW1P 4DF

public.enquiries@homeoffice.gsi.gov.uk


The current Secretary of State for Transport is Justine Greening. The DfT make it difficult to contact tehm and I have only found this email form.

One of the Under Secretaries for Transport, Norman Baker is said to be biker friendly and support MAG policies.
One of the others, Mike Penning, is said to be a motorcyclist and was interviewed by the BMF.

mentalboy wrote:
MarJay wrote:
Take out the bit about loud exhausts... Otherwise good work! Thumbs Up
Any particular reason? Just thought a few examples would help - or does it just make me look like a ear bashing cut-off fanatic?

Would it help by adding wording like "If, for example, the Section 59 is issued for loud exhausts..."
Confused

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mentalboy
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PostPosted: 12:13 - 17 Aug 2012    Post subject: Reply with quote

point taken. Very Happy
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Rogerborg
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PostPosted: 12:47 - 17 Aug 2012    Post subject: Reply with quote

Since we're repeating ourselves, I'll just copy-pasta:

To be honest, the only realistic ways of challenging it are:
Arrow Judical Review (got £50K or so lying around?)
Arrow 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.
Arrow 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[*].
Arrow 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.
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Last edited by Rogerborg on 15:42 - 17 Aug 2012; edited 1 time in total
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mentalboy
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PostPosted: 12:54 - 17 Aug 2012    Post subject: Reply with quote

Rogerborg wrote:
.
Arrow Get the BCF onboard, mount a noisy campaign based on some silver haired granny with some cute grandkids on board .


Anyone got a granny and a few kids spare Laughing
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mentalboy
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PostPosted: 15:10 - 17 Aug 2012    Post subject: Reply with quote

Got bored, so I've submitted this to the e-petitions site, they have to scrutinise it which may take a week before it goes public. (Had to abbreviate it somewhat thanks to a 1000 character maximum Crying or Very sad )

I'm going to send the longer version to my local MP, and those within the transport department. If anyone can be bothered to do the same with their local MP it could make all the difference. Thumbs Up



Quote:
The issuing of Section59 to users of vehicles 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.
Contravention of sections 3 and 34 of the RTA should surely result in the issuing of the relevant ticket as defined by legislative process.

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.

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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Rogerborg
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PostPosted: 15:43 - 17 Aug 2012    Post subject: Reply with quote

mentalboy wrote:
Rogerborg wrote:
.
Arrow Get the BCF onboard, mount a noisy campaign based on some silver haired granny with some cute grandkids on board .


Anyone got a granny and a few kids spare Laughing


Dammit, I always type "BCF" instead of "BMF". They're so easy to forget about. Wink
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mentalboy
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PostPosted: 15:55 - 17 Aug 2012    Post subject: Reply with quote

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' Very Happy
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Kris
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PostPosted: 07:43 - 20 Aug 2012    Post subject: Reply with quote

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' Very Happy


Nice one!

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mentalboy
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PostPosted: 09:23 - 25 Aug 2012    Post subject: Reply with quote

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.
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andy_uk
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PostPosted: 10:16 - 25 Aug 2012    Post subject: Reply with quote

Signed Smile
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kotachi
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PostPosted: 10:17 - 25 Aug 2012    Post subject: Reply with quote

Yup Smile same
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Pete.
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PostPosted: 11:11 - 25 Aug 2012    Post subject: Reply with quote

They should use S59 for non-road-registered vehicles, and road traffic legislation for registered vehicles.
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groovylee
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PostPosted: 11:16 - 25 Aug 2012    Post subject: Reply with quote

signed Thumbs Up
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mentalboy
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PostPosted: 11:28 - 25 Aug 2012    Post subject: Reply with quote

They shouldn't be allowed to use S59 in it's current format fullstop.

In replying to my MP when he disagreed with my point that this Act can result in a more severe penalty than driving without due care, drunk driving etc (He'd said that you can get 14 years for D&D driving, to which I told him that if you happen to kill a biker it's more like 12 months, suspended for 2 years and a 3 month ban!). I said that should I wish to have a piccy of Prince Harry enjoying himself painted on my tank it could (and in my opinion should) be deemed as liable to cause offence to the general public and that if it was spotted on two close but separate occasions I could have the bike confiscated - despite the fact that a two-bit tabloid can splash it across their front page. Anticipating the response!!
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Fruit'n'nut
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PostPosted: 08:14 - 27 Aug 2012    Post subject: Reply with quote

Pete. wrote:
They should use S59 for non-road-registered vehicles, and road traffic legislation for registered vehicles.





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.

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.
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Bubbs
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PostPosted: 09:03 - 27 Aug 2012    Post subject: Reply with quote

signed and shared on FB
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dungbug
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PostPosted: 09:11 - 27 Aug 2012    Post subject: Reply with quote

Signed & shared also.
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daemonoid
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PostPosted: 09:18 - 27 Aug 2012    Post subject: Reply with quote

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.
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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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PostPosted: 09:19 - 27 Aug 2012    Post subject: Reply with quote

Signed.

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mentalboy
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PostPosted: 15:21 - 19 Sep 2012    Post subject: Reply with quote

Well the sigs aren't moving, pretty much as you predicted Rogerborg.
I have received this from the home office today.

Quote:
Thank you for your e-mail of 20/08/2012 about your concerns that the powers provided by section 59 of the Police Reform Act 2002 are open to misuse or abuse by a police officer or Police Community Support Officer (PCSO).

A letter was also forwarded on your behalf by Adrian Sanders MP to the former Parliamentary Under Secretary of State at the Department for Transport on 21/08/2012. Your letter has now been passed to the new Minister for Policing and Criminal Justice, Damien Green at the Home Office who will respond to Adrian Sanders MP in due course.

Yours sincerely


James Lowes

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bazza
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PostPosted: 16:00 - 19 Sep 2012    Post subject: Reply with quote

Nice.

Quote:
I think sec 59 is a particularly badly worded law, which i believe to be counter to the ECHR, but as they are invariably given to people who struggle to get the 200 quid together to get the release of the car, it may well be a very long time till we find out.

the reason people dont appeal , is there is no right of appeal shy of launching a civil case for damages, so as long as you restict your self to issuing them to the poor/uneducated there is very unlikely to be any comeback


https://www.policespecials.com/forum/index.php?/topic/119997-s59/
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salty21
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PostPosted: 16:10 - 19 Sep 2012    Post subject: Reply with quote

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
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