Section 59

Hi,
Yesterday I was pulled over by a police officer, given a talking to and served with a Section 59 notice for "Driving in an inconsiderate or careless manner".

The officer concerned was in a Transit and not traffic. Does anyone have any experience of these notices? It seem that they can be served without any requirement for evidence and with no recourse. A second one in 12 months and the vehicle can be impounded.

A bit of googling suggests that this legislation was designed to deal with problem boy racer / off road riding, but is now used by some officers as an easy way to issue some form of sanction where nothing else would stick.

My concern is that I was riding in the manner that I have done for years and never had any trouble, so what to do now?

Well.. were you driving in an inconsiderate and careless manner if you were to be 100% truthful to yourself?

Personally, no. I was riding slower than usual, with a large safety margin due to road conditions.

Though another person could easily have had another opinion, which is where this legislation has it's problems.

[Bibio]

place an appeal to have it removed from your record with your version of our 'procurator fiscal' if you have one and also send a letter to your MP.

[timwilky]

My understanding is that there is no appeal against a section 59. It is the cops word against yours. He cannot prove you have committed an offence So this is an official method of putting a black mark against your name. As in a formal record that you have been warned.

[Bibio]

so police officers are now jury, judge and executioner.

[TSM]

judge dread

Originally Posted by Bibio

so police officers are now jury, judge and executioner.

This would seem to be the case.

Just had a word with a friend in GMP - he says that their advice on performing a second Section 59 for seizure should only be done if they can also prosecute at the same time - ie under dangerous driving.

Was a very odd day all in all, my suspicion is that the officer involved had a beef with bikes / I failed some kind of attitude test. I was very polite throughout, but he kept pushing me to admit that I had been trying to get away from him. I only noticed him when I slowed into a 30 and heard the siren. I know I had been checking my mirrors as I was looking for another rider behind me.

[Bibio]

interpretation of the law by police officers... bloody marvelous.
[F13 Careless, and inconsiderate, driving.

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.]

[Jayneflakes]

Originally Posted by markc123

I only noticed him when I slowed into a 30 and heard the siren.

It is possible that this is why you were pulled. If the officer deemed that you failed to see the police vehicle in pursuit.

Bad luck old chap and maybe consider some mirror modifications.