griffinz

hi all
got stopped today ,plod sotted me and another scooby as he was turning somewere any way he caught up with us a few miles later, he said we were obviously speeding, male egos and all that stuff anyways he never got us for speeding he took our names and asked if we had been done for antisocial behaviour before wheelspinning ,loud exhausts revving engnes that boy racer stuff i had not so he took my name and said if in the next year i get pulled my car will be towed away and ill have to pay to get it back no points etc he mentioned somewere around the 130 mark is this aimed at or typs of cars anyway i will be going slow now on

stilover

I hope you told him to Fcukoff and get a proper job.

SwissTony

iTrader: (19)

no there are no laws like that....

you were prefectly in your right to tell him to take a hike, asbo or no asbo

totalllama

Sounds like hes a right jobsworth....

A family member is a police officer and there is no way to track a persons details if they arent booked simple as they dont go on the computer system. Unless your cautioned at the scene and there are two officers present its as good as yer granny telling you to slow down.


I got cautioned for my number plate on my 306 - it had irish lettering instead of UK

griffinz

me thinks he may have been pissed off that he never got us both on camera.may have been our lucky day

wayne's scooby

iTrader: (1)

havent the police got better things to do

griffinz

been told what ive been served with is a section 59 car asbo f----k me car asbo ill have to lock the garage door make sure its not sneaking out after hrs

griffinz

Section 59 of the Police Reform Act 2002 refers to vehicles being used in a manner which causes alarm, distress or annoyance. Where a vehicle is being used in this way, or otherwise amounts to careless or inconsiderate driving, a constable in uniform will have certain powers with which to deal with the matter. An example might be performing screeching 'handbrake turns' in a housing estate.

59(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 (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 afforded to him by the act.

So what this means in real terms is that if you drive a car and you are doing wheelspins, handbrake turns either on the road or retail car parks or driving in any other way that may be seen as driving without due care or inconsiderate driving (Section 3) and this is causing, or is likely to cause, alarm, distress or annoyance to members of the public, then on the first occasion you will receive a warning which will normally be a verbal one backed up with a written warning some days latter.

If you ride a motorcycle with a noisy exhaust then simply riding a machine does not make you fall foul of this legislation. IF however you ride your machine through a sleepy little village pulling a wheelie with the engine bouncing off the rev limiter, making enough noise to make everyone’s ears bleed then there is a very strong chance you would find yourself with a warning.

If on a second occasion you find yourself being stopped again having been driving in a manner previously described then your vehicle will be seized there and then and a recovery operator will be contacted to remove your vehicle.

The cost of this to YOU is £105 statutory removal fee plus £12/day storage after the first 24Hrs

totalllama

Yes but did he charge you with the offense or threaten it?

Luminous

iTrader: (3)

I suppose you have no right of defence against these nice new draconian measures then?

Unless this country really has totally gone **** up, you should always have the right to appeal against any of these notices. Fight it, otherwise you can be sure he will hit you with it again just for kicks.

Woody1

Gees, your car must be well up on power if you were doing wheelspins !!!!

I'd just burn my clutch out trying that in the dry !!!!

He's peed because he can't officially do you. I feel sorry for the old granny being assaulted accross town due to lack of police resources !

griffinz

i agree if he had been closer and caught me speeding he would have hung drawn and quarted me but i go back to work offshore tommorrow ill appeal when i get home,

Prasius

iTrader: (1)

I would love to see that taken to court I really would - Officers word, no independent witness, no video....

If they want to charge you with an offence, they can charge you with careless or dangerous driving. If they haven't got the evidence for that - quite frankly - they can go jump.

SteveScooby

iTrader: (2)

It's a power that the police have been given to have cars removed if they are being driven in an anti social manner.

If you get pulled once you get a warning that applies to both you and the car for 12 months, that means if you get pulled driving a different car, or someone gets pulled driving your car then they have the power to get it recovered at your expense (about £110)

Steve

Luminous

iTrader: (3)

Yes, but what happened to innocent until proven guilty. What defence do you have against any of these accusations? Where does it start, and where does it stop. You could have an officer pulling people because they thought the colour of their car could cause offence to people in a sleepy village...

SteveScooby

iTrader: (2)

There's thousands of motorists on the road, and hundreds of them commit offences, why would the police bother picking on people who are doing nothing wrong when there are plenty that are?

Luminous

iTrader: (3)

Because police officers are still people, and sometimes they just don't like someone.

There has to be a defence against measures like this. You cannot just have a police officer getting your car towed off repeatedly just on their say so. I simply want to know what defence you are allowed to mount, and when. If you get a parking ticket, you have so many days to accept it, or say you wish to defend. Is there a similar period for these new laws?

SteveScooby

iTrader: (2)

It's explained on here mate:

Motorcycles, Mopeds, Go-peds and Scooters

nik52wrx

While he was wasting his time with you around the corner an old lady was probably being mugged
Nik.

Luminous

iTrader: (3)

Thanks for the link Steve, but its still all about what they can do, and not what grounds for appeal you have.

Maybe there are none, perhaps we really have gone from innocent until proven guilty, right through guilty until proven innocent, to "proven guilty on suspicion without grounds to appeal or mount a defence".

I have no issue with the powers, just the potential miuse if you have no rights of appeal or the ability to mount a defence.

SteveScooby

iTrader: (2)

The thing is they are seen, quite rightly, as a fantastic power for the police (from our point of view) and we realise that if it's abused it could be revoked, so that *should* stop it being abused

Luminous

iTrader: (3)

Lets hope so, I can see of many ways to put it to good use

I just don't like methods of fining people when they do not have any right to appeal the decision that was made. Things like this are a grey area where one officer may feel that something is reasonable, while another may not. This is why some sort of evidence (video?) that can presented to a court for clarification is nice.

Its not hard to video all those kids on motorcross and mopeds after all

swampster

iTrader: (1)

A power where the Police can act as Judge, Jury and Executioner is just wrong without a definitive path to recourse or appeal.

I'm not saying that it going to get flagrantly abused left right and centre, it probably won't be, it's just that it has the potential to be, and unless it is abused widespread then in all likelihood it won't be revoked. But for the few that are caught out by the odd bad apple, or pissed off plod because his missus wouldn't let him get his leg over last night.. then I suppose it'll be just a case of tough luck and get your wallet out!

Luminous

iTrader: (3)

Nicely put swampster, I am glad that I am not the only one that sees it like this. There may of course be a method for recourse, it is just that we are not yet aware of it!

I just did some digging on Google and did not manage to come up with much, I would like to know more on this one, that is for sure.

SteveScooby

iTrader: (2)

i can't see that there is any way to get out of it.

The £100ish you pay is not a fine, it's the fee that the recovery company charge to come and tow it away

SteveScooby

iTrader: (2)

Which is why you get a warning 1st, and don;t get towed straight away

Luminous

iTrader: (3)

Yes, but if the car was impounded for improper reasons, then its a fee the police foots, not the motorist.

Luminous

iTrader: (3)

Reading the legislation, that is not necessarily true. There are cases where a warning does not have to have been issued. In fact, an officer only has to suspect that a warning has been issued, or that in previous instances issuing a warning was impractical.

Therefore, if you meet a bad egg, you just have to hand over your keys and walk home

swampster

iTrader: (1)

It's still a punitive measure then.. which seemingly has no method of appeal by token of your description. So where does it go next has to be the question!? A few days in the slammer on the whim of a copper for something that's deemed to be the in vogue "offensive" thing!?

SteveScooby

iTrader: (2)

The thing is the idea of the power is to get nuisance drivers off the road, to make the roads safer.

Previously people would get warning after warning and no action would ever be taken which means the problem never went awy.

It's probably not an ideal system as you;ve pointed out, but better than what we had before.