Forums Forums Wirral Information Law And Your Rights Section 59 : Police reform Act 2002

Section 59 Police reform Act 2002

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;
© 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 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.

Recently one of our members has had his insurance cancelled by TESCO insurance after being issued with a Section 59 and the police informed TESCO.

Its not good.....

Taken From www.timesonline.co.uk

Police in Lincolnshire earlier this month seized a
Citroën Saxo belonging to a driver who had done
50mph in a 30mph zone. They used powers under section 59
of the Police Reform Act 2002, the first time they have
used the powers in this way since they came into effect in 2003.


-------------------------------------
Under section 59, drivers are warned for a first offence,
but if the car is caught again within a year,
regardless of who is at the wheel,
it can be seized.

So dont be lending your car out if i read that right?

Its the car that's tagged and not the driver

surely if you sold the car on the new diver wouldnt be affected?

That's what we got chatting about?

If it stays with the car and you sell it,
does that mean the next person does not even get a chance / warning...

Then the Question?
How could you find out?
As i beleive it wont show up on a HPI check.

Section 59 has so many hidden traps its unreal

i asked about the section 59 last nite when i got pulled and wot he said is
if u get a section 59 it stays wiv u and the car so if u sell the car 2 any 1 and they r showin off the Police will take the car off them wiv out warning or if the driver has 1 and is drivin a new car the same things happens the car will b taking of them hope this helps

I think he dosnt know and is talking through his arse myself. The section 59 is based on the car, not the person.....

yer and it is also based on the driver coz if they r seen again dont wot ever that car is takin away aswell.

hmmmmm very interesting

MMMMMM Could that be me

Section 59's are a bad thing let me tell you.

I had to look for insurance and if the company asked me had i had insurance canceled i couldnt get insurance.

Also i got stopped in my mates car and had nothing said to me about a section 59.

But when i was given the section 59 by the ) then the car would be taken away.

HARD THINGS TO GET AROUND THESE THINGS IF THE FIVE-O WANTS TO BE FUNNY THEY CAN GET YOU A 59 FOR NOTHING MATE OF MINE GOT ONE FOR FREE WHEELING ON HIS MINI MOTO THE ENGINE WASNT EVEN RUNNING AND WAS STILL COULD.

"Vehicles used in manner causing alarm, distress or annoyance"

So they could say that about pretty much anythin,

"ur exhaust causes distress"
"your paintjob causes distress"

"the fact your drving a nova causes EVERYONE distress" lol joke

something tells me quite a few bobby's are going to use this against us for no reason. this sucks

so does that mean ya get a thingy majig on ya licence?

also does the do ya need to tell ya insurance ppl?

You dont get anything as such on your licence but you are on the police computer.

If your insurance dont ask you dont need to tell them (Sort of right that)

oh fook!

best be a "good driver" then lol