section 59

[simpson_eh]

was driving home tonigh,t came off a roundabout and undertook a car doing maybe 15 mph (taxi) 30 zone i didnt change lane to do it but did gear down as the alternator belt was yelling, got pulled at the next roundabout and given a s59, i said that i had never exceeded the speed limit but still got one. think this is a bit unfair for not actually breaking the law. where do i stand on contesting this as it seams the police officer is judge jury and executioner. got warned that if i do anything they take my car wtf

[gazhodge1981]

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;

© 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 ©.

 

(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;

© 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)© 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.

 

Do you feel you were doing any of it?

[simpson_eh]

the police office was on the roundabout(actually on the roundabout with lights flashing) that i had just left, he had no way of measuring my speed as he was parked up facing the other way. i under took the car at no more than 30mph(speed limit) yet as its a sports car it sounds loud, i then got pulled by another vehicle who never said i was speeding just that they had been asked to stop me. i then got given a s59 for undertaking and speeding by the first car when after they arrived but as far as im aware as long as you dont change lane to undertake its not an offence

Edited August 1, 2012 by simpson_eh

[simpson_eh]

and im 31 not 21 lol its a bit unfair for him to say i did something when i didnt.

 

 

just checked the sheet and he has put excessive speed undertaking a vehicle but has put inconsiderate manor lol so they can do you for anything they want basically not happy with that in slightest,

 

 

so any way i can object to this as this def is not fair

Edited August 1, 2012 by simpson_eh

[dx100uk]

did you not read post 2?

 

its nowt to do with speeding.

 

dx

[dx100uk]

prob excessive exhaust noise

 

dx

[simpson_eh]

but i didnt break the law and the noise wasnt recorded passes every mot and its a turbo so not loud full stop, the sheet says excessive speed and undertaking didnt you read post 4

[simpson_eh]

surely there is a way to object as they can say anything they want how can you judge excessive speed from behind you

[marmaris30]

Yes you can object - in front of Magistrates' Court. You'd be running a big risk of a bigger fine and points, because the police officer would turn up and explain what he saw in grotesque detail, and if you have a defence for undertaking off a roundabout then it's not obvious from previous comments.

[simpson_eh]

the office had no line of sight for speeding due to the position he was parked in(in fact a 30 foot bridge and 10 foot dragon were in his way), we both came off roundabout he was in the outer lane and i was in the inside lane, i undertook him without breaking the speed limit and as far as the highway code states this is completely legal as i was within the speed limit and i didnt change lanes to under take

 

 

but in reality he turns up lies and i get the book thrown at me. so all i need now is an officer having a bad day to lose my car cause he thinks it could cause upset to someone.

 

 

so if they seize my car is that it or can i claim it back little confused on this bit as the officer just said i would lose it full stop.

 

many thanks

 

Tony

[tiredTraveller]

I wasn't there, obviously, but the sentence '...but did gear down as the alternator belt was yelling' could tie up with 'Vehicles used in a manner causing alarm, distress or *annoyance* '.

 

I can't really think of anything more annoying than a screaming fanbelt, although I'll admit someone doing 15mph down the outside lane is possibly a close second...

[Aretnap]

Yes you can object - in front of Magistrates' Court. You'd be running a big risk of a bigger fine and points, because the police officer would turn up and explain what he saw in grotesque detail, and if you have a defence for undertaking off a roundabout then it's not obvious from previous comments.

He hasn't been charged with anything or given a fixed penalty (not that you can be given a fixed penalty for careless driving yet) so there'll be no Magistrate's Court hearing. He's been given a s59 warning, against which there's no appeal as it's not a punishment but just a warning, albeit a warning which gives the police some rather draconian powers when it comes to dealing with any (alleged) transgressions he may commit in future.

 

so if they seize my car is that it or can i claim it back little confused on this bit as the officer just said i would lose it full stop.

You can claim it back but a fee is payable - off the top of my head it's something like £150, plus £20/day storage.