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Old 24 February 2006, 07:58   #1
wideybrook
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Default SECTION 59 - HOW THE POLICE CAN TAKE YOUR CAR WHENEVER THEY FEEL LIKE IT.

sECTION 59 POWERS:-


Seizure of motor vehicles
59 Vehicles used in 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 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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Old 24 February 2006, 08:59   #2
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That must have taken ages to type . It's quite clear though that it's not 'carte blanche' for the poilce to take away your car just because they feel like it
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Old 24 February 2006, 09:33   #3
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Angry What are you on about?????????????????

As above
Its quite simple, If you drive your car like a **** constantly, ignore warnings from the police, annoy everyone by wheelspinning,doughnutting, playing your music so loud it vibrates through my house.......then you desreve everything coming your way.

I'm sure if you ask everyone on this forum who has had their car taken by the police for the above offences it would an extremely small number if any.
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Old 24 February 2006, 09:38   #4
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it is actually quite straight forward in practice..
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Old 24 February 2006, 09:45   #5
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that told you then
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Old 24 February 2006, 10:22   #6
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You may think that every Police man is a very nice chap.

But they are not all like that.

One EVO owner on the MLR was stopped because "he was accelerating aggressively" and given a warning under section 59, but not challenged for speeding as hw did not pass the 50 speed limit on that stretch of road.

Another because his exhaust was causing "an annoyance", how many of you have aftermarket exhausts - and what volume is "an annoyance"?

Please don't be naive, and don’t tell me you have never “accelerating aggressively”.
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Old 24 February 2006, 10:30   #7
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Quote:
Originally Posted by wideybrook

Please don't be naive, and don’t tell me you have never “accelerating aggressively”.
I have and have been pulled for it, but it seems if you argue the point there is fek all they can do.

See post #8

http://bbs.scoobynet.co.uk/showthread.php?t=476236
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Old 24 February 2006, 10:33   #8
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Quote:
Originally Posted by wideybrook
You may think that every Police man is a very nice chap.

But they are not all like that.

One EVO owner on the MLR was stopped because "he was accelerating aggressively" and given a warning under section 59, but not challenged for speeding as hw did not pass the 50 speed limit on that stretch of road.

Another because his exhaust was causing "an annoyance", how many of you have aftermarket exhausts - and what volume is "an annoyance"?

Please don't be naive, and don’t tell me you have never “accelerating aggressively”.
Whos being Naive?

Think your the one being a bit childish and trying to stir annoyance between car drivers and the police, only really know one copper who Id trust (Tainton off here) the rest lie low in my estimations from my run ins with them. What do you expect a copper to do if you accelerate aggressively? a full throttle dump the clutch at the traffic lights in front of a copper and your expected to be pulled for it.

Its all about common sense.
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Old 24 February 2006, 10:39   #9
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Well going charging off from a police car is just asking for attention. Legal or not it's not the done thing, the least you could expect is for them to have a quiet word.
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Old 24 February 2006, 10:45   #10
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Quote:
Originally Posted by davegtt
Whos being Naive?

Think your the one being a bit childish and trying to stir annoyance between car drivers and the police.
Not trying to stir anything mate, and I am not childish, this is a point that need to be discussed. Tut Tut.

Quote:
Originally Posted by davegtt
What do you expect a copper to do if you accelerate aggressively? a full throttle dump the clutch at the traffic lights in front of a copper and your expected to be pulled for it.
Totally agree, a point well made.

BUT

If you get pulled for speeding, driving dangerously, or without due care, you either are breaking the law and deserve all you get

OR

The police have made an error and you have the right to appeal / defend yourself in court, under section 59 you can not appeal or have your day in court.
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Old 24 February 2006, 10:54   #11
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Quote:
Originally Posted by wideybrook
Not trying to stir anything mate, and I am not childish, this is a point that need to be discussed. Tut Tut.
well start a disscusion about it then, raise points off concern, all youve done is copy and paste a section of text and leave it for everyone else to kick off...
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Old 24 February 2006, 10:55   #12
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I think you must've missinturprerated it, they certainly can just walk up say 'give us the keys and sod off, it's our car now'
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Old 24 February 2006, 11:00   #13
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This law was only introduced in a bill 3 years ago, welll done for spotting it
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Old 24 February 2006, 11:04   #14
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Quote:
Originally Posted by davegtt
well start a disscusion about it then, raise points off concern, all youve done is copy and paste a section of text and leave it for everyone else to kick off...
Fair enough, lets take an example then.

Mr Nosy neighbour who lives a few doors down and hates the look of your Impreza with its wicked rear wing, big wheels and thinks its too noisy because it work her up in the middle of the afternoon once when you got home from work, complains to the police, who then wait at the end of your street to catch you red handed under section 59.

What’s you defence?
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Old 24 February 2006, 11:06   #15
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i had my car taken of me for over taking on double whites!!!
i was given 3 points and a £60 fine.. wich is fair as i was in the wrong but
then the officer said he was issuing me with a section 59 aswell!!?? (not fair)
he then turned around and said i had been issued with a section 59 under a year ago (wich i had'nt) so he decided to tow my car away aswell
cost me £115 to get my car back from the impound!
i think this is just another way to make more money! the police told me they dont take any of the proffits!
but the people who towed my car away said that they do take a % of the fine? who is telling the truth??
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Old 24 February 2006, 11:11   #16
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Quote:
Originally Posted by wideybrook
Fair enough, lets take an example then.

Mr Nosy neighbour who lives a few doors down and hates the look of your Impreza with its wicked rear wing, big wheels and thinks its too noisy because it work her up in the middle of the afternoon once when you got home from work, complains to the police, who then wait at the end of your street to catch you red handed under section 59.

What’s you defence?
Well firstly I would tell the officer that the freak who lives down the road is obviously too confused with their own sexuality to even worry about my car and secondly what are they catching you red handed at doing exactly? aslong as the exhaust is within noise limits allowed to pass an MOT they will walk off empty handed whilst I go into the warmth and make a cup off tea...

Whats your point?
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Old 24 February 2006, 11:13   #17
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Quote:
Originally Posted by BUDWRX
i had my car taken of me for over taking on double whites!!!
i was given 3 points and a £60 fine.. wich is fair as i was in the wrong but
then the officer said he was issuing me with a section 59 aswell!!?? (not fair)
he then turned around and said i had been issued with a section 59 under a year ago (wich i had'nt) so he decided to tow my car away aswell
cost me £115 to get my car back from the impound!
i think this is just another way to make more money! the police told me they dont take any of the proffits!
but the people who towed my car away said that they do take a % of the fine? who is telling the truth??
They MAY take a percentage of the £60 fine and the government takes the rest. The money they take will be used to pay for the speed enforcement equipment. They wont take any of the £115, thats what the recovery agent charges to tow away and store the car.

Si
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Old 24 February 2006, 11:19   #18
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Question

Quote:
Originally Posted by BUDWRX
i had my car taken of me for over taking on double whites!!!
Did they just put the double white lines there to catch you out? Maybe they put them there because it wouldn't be safe to pass?
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Old 24 February 2006, 11:32   #19
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Quote:
Originally Posted by davegtt
Well firstly I would tell the officer that the freak who lives down the road is obviously too confused with their own sexuality to even worry about my car and secondly what are they catching you red handed at doing exactly? aslong as the exhaust is within noise limits allowed to pass an MOT they will walk off empty handed whilst I go into the warmth and make a cup off tea...

Whats your point?
good one.

They do not need any evidence to impound your car, as found by many a Renault GT Turbo owner living locally.
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Old 24 February 2006, 11:35   #20
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Quote:
Originally Posted by wideybrook
good one.

They do not need any evidence to impound your car, as found by many a Renault GT Turbo owner living locally.
Might not need evidence??? but they certainly need a reason. They cant take it off you without reasonable grounds. If someone complained about the noise of the exhaust they would only take it off you if you was racing past their house all the time. If you have to pass their house to get to your own house then theyre not going to do nothing as your minding your own business and the car is legally allowed on the road.
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Old 24 February 2006, 11:35   #21
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Quote:
Originally Posted by fast bloke
Did they just put the double white lines there to catch you out? Maybe they put them there because it wouldn't be safe to pass?
There some double lines near my house that give a clear view of a 3 mile straight

Regularly Ignored, seem to be there without any good reason
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Old 24 February 2006, 11:38   #22
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no but the law off the road is you dont cross the white lines. if you do then you deserve to get caught especially when doing it infront of a copper.
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Old 24 February 2006, 11:43   #23
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Quote:
Originally Posted by davegtt
Might not need evidence??? but they certainly need a reason. They cant take it off you without reasonable grounds. If someone complained about the noise of the exhaust they would only take it off you if you was racing past their house all the time. If you have to pass their house to get to your own house then theyre not going to do nothing as your minding your own business and the car is legally allowed on the road.
I hope you are right, but have that feeling this is going to get out of control this year, more people like BUDWRX are going to get their cars confiscated without good reason.
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Old 24 February 2006, 11:56   #24
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Believe it when I see it. If your causing a nuisance then yeah I can see cars being confiscated but you can get them back, not like theyre going to crush them...

Id say its good reason to tow a car away for BUDWRX, firstly he wasnt clever enough to know that you shouldnt overtake on double white lines and he clearly wasnt clever enough to wait until there wasnt a copper around to do it.

The double white lines are there for a reason, the police didnt put them there. You overtake your doing it in a dangerous area and people overtaking in dangerous areas deserve to have their cars taken off them if caught as theyre not only endangering themselves.

Now Im not saying Im whiter than white, far from it, Ive pushed my car about before but its all about doing it safely and sensibly. Choosing where you do it and in what conditions blah blah....
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Old 24 February 2006, 12:21   #25
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OK Dave I see your point of view, perhaps I am paranoid.

This is part of an article from a local rag, and I just wonder whats comming next.

MINI-MOTOS ARE MICRO-MOTOED

12:00 - 22 February 2006

Police have crushed a batch of mini-motos seized after their owners were caught riding illegally in the Plymouth area.

The tough action is part of a no-nonsense campaign to end the nuisance caused by the novelty bikes being driven in public areas.
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Old 24 February 2006, 12:24   #26
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yeah but them mini motos are illegal, dangerous to use in public and they are very noisey things. I must admit I reckon Id complain too if one of them was being driven up and down our street.... (Mate has one of these and we've raced about on it but we tend to stay away from public areas as not to cause disturbance as theyre quite loud.
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Old 24 February 2006, 12:45   #27
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my mum had this....she was driving to the shops and got hit with a section 59 - they just towed the car away in front of her, crazy.





ohhh.....hang on.....no thats right now i remember it.....she didnt drive like a **** so has not spoken to a cop since 1957 when she scrummed an apple.

drive like a fool - car towed....how hard is that?
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Old 24 February 2006, 14:38   #28
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Quote:
Originally Posted by davegtt
Believe it when I see it. If your causing a nuisance then yeah I can see cars being confiscated but you can get them back, not like theyre going to crush them...

Id say its good reason to tow a car away for BUDWRX, firstly he wasnt clever enough to know that you shouldnt overtake on double white lines and he clearly wasnt clever enough to wait until there wasnt a copper around to do it.

The double white lines are there for a reason, the police didnt put them there. You overtake your doing it in a dangerous area and people overtaking in dangerous areas deserve to have their cars taken off them if caught as theyre not only endangering themselves.

...
yea true but i was on the widest road known to man doing 40 mph in a 60 zone. with no other cars around exept the unmarked (off duty) vectra cop car 800yards behind me and the one i over took. fair enough giving me the points and fine but to take my car off me! wasnt speeding or driving
dangerously!
also was told if i didnt pay within a certain time they would crush my car.
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Old 24 February 2006, 14:42   #29
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Quote:
Originally Posted by BUDWRX
yea true but i was on the widest road known to man doing 40 mph in a 60 zone. with no other cars around exept the unmarked (off duty) vectra cop car 800yards behind me and the one i over took. fair enough giving me the points and fine but to take my car off me! wasnt speeding or driving
dangerously!
lol wondered how long it'd take you to reply

Quote:
Originally Posted by BUDWRX
also was told if i didnt pay within a certain time they would crush my car.
Scare tactics to get you to pay quicker IMO, obviously you leave the car in their possession for 2 months they probably would crush it but not unless its within a reasonable time limit.
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Old 24 February 2006, 14:45   #30
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hehehe my bad
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Old 24 February 2006, 14:45
 
 
 
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