Section 59

A few of us discussed this last night because we have received them when speeding. It is like a driving ASBO that was intended to use on kids tearing up estates with their suped up XR3s and mopeds and causing a nuisance. Basically you get threatened once and if you get caught again within a year, your vehicle is confiscated and impounded for up to 28 days before being crushed. I believe its a £125 release fee + £40 a day storage. When I got mine, I put this up on LB and this is the advice from a barrister on there:

For a s59, you have to establish what offence the officer believes you have committed, so ask the officer who wishes to issue the notice what offence it is that he believes you have committed, if he says speeding, then point out that this doesn't come within s3 or s34 except in exceptional circumstances and that therefore it may be that the s59 notice would be invalid.

If he persists, point out, while remaining calm and polite at all times, that you will be contending the ticket by writing a letter to the Area Commander and requesting all the documents in relation the issuance of the notice as you feel that it may have been issued incorrectly, as you do not feel that there are reasonable grounds for a belief that an offence under s3 RTA has been committed and therefore the s59 should not be issued.

If the s59 is issued, then do as above, write to the Area Commander and ask for details of why the s59 was issued. If you really want to get rid of it or really feel that it was unfairly issued, then the best bet is to contact a solicitor who may be able to gain disclosure from the police service in regard to the s59 notice and that would of course give you far more information. They can't issue points and a fine without evidence, and any contention would take up too much time....this is from the coppers perspective, it is easier for him to give a s59 as it has the desired effect of punishing you for speeding, which he may KNOW you have done but cannot prove, and also has the same effect as points, such as making you more careful in the future.

Give them 14 days to reply. Request all information that may be relevant, including the Police Officers Number, the time and date the s59 was issued, where it was issued and under what circumstances, which the police have on record. Include the facts of the case. Point out that the issuance of the s59 was ultra vires as there was no corresponding offence under s3 of the Road Traffic Act 1988. That you feel that the officer has failed to understand correctly the law that regulates s59 and has failed to give effect to that law. State in the letter that you request that the s59 be removed entirely from your record. Be polite.

If you still fail, mention that you will be seeking a judicial review as this is a misapplication of the spirit of the law. Law is not just about the intention but also the spirit in which it was invoked.

 

May be of use, had this in my favourites just in case!

s59

 

This is definitely being used willy-nilly so another rider who is an ex-copper put this up on MCN:
You are committing an offence if you breach s3 or s34 Road Traffic Act : Careless and or inconsiderate driving or prohidition of driving off road,
AND
the manner of that use is causing or is likely to cause alarm, distress or annoyance to members of the public. (NOT a Police Officer). There has to be a complaint from a third party, although it does not have to be in writing at the time.
Section 4b states that for the first offence a warning should be given and this is policy for ACPO. A police officer can not take you vehicle for the first offence. In the case of speeding this legislation should not be used as there is adequate legislation included in the Road traffic act.
If you get stopped and the cops start spouting sec 59, ask who made the complaint.

 

Anyone know if there is a time limit for reporting bad driving? and for the police to follow up re section 59?

Im wanting to report a numpty who almost knocked me off my bike on the dartford crossing on the 24/7/11 (KAA run). I have some excellent Hi Def footage of the whole incident

 

Thanks for that, I've printed it all off (just in case)

 

I've been given three section 59's in the past 5 years. Only one of those would've been applicable. If only I'd know all of this back then! I've still got one running on my at the moment... but I suppose it's too late to argue the toss now. The latest one was because I overtook a car up the High Street ... yes, thats right, I over took someone (not in excess of 30mph) up the High Street (where the white lines show it's legal to do so). The officers said it could've caused alarm or distress to members of the public (how?!!) and that I then exceeded the speed limit in the next road (no evidence). So, there was no third party complaint, no evidence for any road traffic law being broken ... I did say it was unreasonable at the time, but the four offices intimidating me would've always won that case :/

 

Nope, as long as its still in action, write to the area commander. Ask T.C. for more advice.