Do you all know what a section 59 is ?
14 July 2011, 08:39 PM
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Do you all know what a section 59 is ?
Just got pulled up by the old bill off the public highway and given a section 59 .
I said what ?????
And this was explained wow moral of the story dont argue with the wife and take it out on the car or you too will get a section 59 !
I said what ?????
And this was explained wow moral of the story dont argue with the wife and take it out on the car or you too will get a section 59 !
14 July 2011, 08:42 PM
#3
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.
(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) 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 the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9) In this section —
• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house
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.
(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) 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 the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9) In this section —
• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house
14 July 2011, 08:43 PM
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SECTION 59 was brought in by the Government to target ‘vehicles used in a manner causing alarm, distress or annoyance’ although many people within the modified community believe that the Section 59 law is pretty much an anti-cruising law.
Now although this has never been the official line, it’s fair to say since its introduction it has certainly been enforced at many a cruise. Trust us we know.
The thing is most cruisers have heard of Section 59, but how many have actually read it? Not many we expect. So we thought rather than glossing over it we thought we’d put it up in full.
Yes it looks complicated, but it’s really not. So read it, take note, and why not print this out and it in your car? Remember cruisers, knowledge is power, and there’s less chance of you being treated unfairly at a meet or cruise if you know your rights.
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.
(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) 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 the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9) In this section —
• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
Now although this has never been the official line, it’s fair to say since its introduction it has certainly been enforced at many a cruise. Trust us we know.
The thing is most cruisers have heard of Section 59, but how many have actually read it? Not many we expect. So we thought rather than glossing over it we thought we’d put it up in full.
Yes it looks complicated, but it’s really not. So read it, take note, and why not print this out and it in your car? Remember cruisers, knowledge is power, and there’s less chance of you being treated unfairly at a meet or cruise if you know your rights.
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.
(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a) the circumstances make it impracticable for him to give the warning;
(b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c) the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d) 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 the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9) In this section —
• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
• “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
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14 July 2011, 08:59 PM
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14 July 2011, 09:24 PM
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I was in my work horse an astra 1.6 auto !!!!!
My fault im 40 and should know better ,no points everything in order new tyres, car is taxed, full mot had my licience and insurance with me just a telling off i think but yes was shocked to google it when i came back another and they keep the car !!!!!!
Oh by the way no chav mate sold all my burberry !!!!!!!!
My fault im 40 and should know better ,no points everything in order new tyres, car is taxed, full mot had my licience and insurance with me just a telling off i think but yes was shocked to google it when i came back another and they keep the car !!!!!!
Oh by the way no chav mate sold all my burberry !!!!!!!!
14 July 2011, 09:29 PM
#11
I was in my work horse an astra 1.6 auto !!!!!
My fault im 40 and should know better ,no points everything in order new tyres, car is taxed, full mot had my licience and insurance with me just a telling off i think but yes was shocked to google it when i came back another and they keep the car !!!!!!
Oh by the way no chav mate sold all my burberry !!!!!!!!
My fault im 40 and should know better ,no points everything in order new tyres, car is taxed, full mot had my licience and insurance with me just a telling off i think but yes was shocked to google it when i came back another and they keep the car !!!!!!
Oh by the way no chav mate sold all my burberry !!!!!!!!
14 July 2011, 09:38 PM
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Didnt get any points nothing, no breath test just had a bad day at work you know how it is !
He was ok about it but i was of the public highway asuch, a small road leading off the fish docks , no pedestrians go down there anyway and only accelarated to 48 over a few hundered yards .
understand revenue and the like wont be doing it again il save it for the track !
He was ok about it but i was of the public highway asuch, a small road leading off the fish docks , no pedestrians go down there anyway and only accelarated to 48 over a few hundered yards .
understand revenue and the like wont be doing it again il save it for the track !
14 July 2011, 09:42 PM
#13
Didnt get any points nothing, no breath test just had a bad day at work you know how it is !
He was ok about it but i was of the public highway asuch, a small road leading off the fish docks , no pedestrians go down there anyway and only accelarated to 48 over a few hundered yards .
understand revenue and the like wont be doing it again il save it for the track !
He was ok about it but i was of the public highway asuch, a small road leading off the fish docks , no pedestrians go down there anyway and only accelarated to 48 over a few hundered yards .
understand revenue and the like wont be doing it again il save it for the track !
I just get peeved now that they are actively encouraged to ticket as many people as possible in certain counties to get their credits up. In certain cases people deserve what they get, but sometimes a quiet word is a better solution. How can they say they have safety in mind when they are obsessed with numbers.......
14 July 2011, 09:51 PM
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Since the reduction in speed cameras and revenue that comes from them i suppose you are right in saying they need to make up there numbers, but respect the way it was handled tnite ,they didnt treat me like a criminal as i was all in ordeer just a bit happy with the right foot .
Hands up they did a good job and respected me ,but i suppose if my tyres were bald had no tax or insurance it would have been a different matter .
Is the sec 59 logged then and for how long ?
Hands up they did a good job and respected me ,but i suppose if my tyres were bald had no tax or insurance it would have been a different matter .
Is the sec 59 logged then and for how long ?
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