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-   -   Long story but should I be worried? (http://forums.sv650.org/showthread.php?t=72364)

Lissa 03-06-06 07:45 PM

http://www.together.gov.uk/article.asp?aid=1613


That's all I could find about confiscation doing a quick search. Don't think it would apply in your case though.

Messie 03-06-06 07:50 PM

Long story but should I be worried?
 
Lissa thanks for that search - on the stop/search from the copper has put 'careless riding'. Could this be the first warning mentioned

On the othet hand, I would say I was riding very carefully. At that speed you have to!!

lynw 03-06-06 07:54 PM

Re: Long story but should I be worried?
 
Quote:

Originally Posted by Spiderman
I dont think they have the right to confiscate your car/bike/van just cos you were caught driving it like a tw@ a few times.
If that was the case then london would be half empty cos most people drive like tw@s most of the time....

I think he was trying to frighten you with an empty threat.

For the record, they CAN confiscate your bike, it really isnt an empty threat.

However, I believe from Sussex polices info you have to be up on a second charge of dangerous driving or a careless driving charge following a previous conviction for them to be able to consider it. It came across as no conviction, no seizure when I read their leaflet.

Spiderman 03-06-06 07:58 PM

Quote:

Originally Posted by Lissa
http://www.together.gov.uk/article.asp?aid=1613


That's all I could find about confiscation doing a quick search. Don't think it would apply in your case though.

Good link Lissa, somne good info there. Like this
The seizure power applies where the offender is both breaking the law either by driving on road without due care and attention or inconsiderately, or driving off-road without lawful authority and in doing so is causing or is likely to cause alarm, distress or annoyance to members of the public.

Way i see it this law could be used to seize the cars & vans of those who drive while on the phone. Its illegal and by definition is without due care etc, its highly inconsiderate to all road users and pedestrians alike and it causes annoyance to memebers of the public.
I'm a member of the public and it annoys the hell out of me.

Seems like another of those "catch all" laws that is so open to interpretation its silly.

So de we start a campaign asking the cops to seize the vehicles of mobile users? its not like they are exactly enforcing that law are they?

jonboy 03-06-06 07:59 PM

Personally I'd challenge it (in writing, and preferably with a solicitor's letter) - maybe Ed (the forum's legal angel) will have something concrete and illuminating to say.

Glad you enjoyed your ride-out, and nil illegitimis carborundum ;).


.

Messie 03-06-06 08:02 PM

Long story but should I be worried?
 
Lyn - that's sort of a relief. Apart from this lapse (and I hold my hands up to it btw) Clean license, full NCB, paid my taxes and they've even given me a certificate to show I'm OK to work with children and vulnerable people.

There's hope!!!

Biker Biggles 03-06-06 08:03 PM

These kind of laws let the cops pick on easy targets(like bikers)and not real criminals.An excuse for lazy policeing really.I'd challenge it in writing too and ask what specific offense you commited and when they are going to charge you with it.

Messie 03-06-06 08:06 PM

Longrried? story but should I be wo
 
Jonboy - I don't want things to get official unnecessarily. I might leave letters for a while!

But my latin is rusty - don't be ground down by the law?

lynw 03-06-06 08:13 PM

Re: Long story but should I be worried?
 
Quote:

Originally Posted by Messie
Lyn - that's sort of a relief. Apart from this lapse (and I hold my hands up to it btw) Clean license, full NCB, paid my taxes and they've even given me a certificate to show I'm OK to work with children and vulnerable people.

There's hope!!!

Seizure without conviction would put them on extremely dodgy legal grounds imho. Despite Bliars attempts our system is still innocent til proven guilty in a court. Any decent lawyer would rip them to shreds if they attempted to seize property with no conviction.

However updated from sussex police indicates they may be doing this:

Withyam – S59 Warning

Following complaints from residents of Balls Green, Withyam, about the antisocial use of a motorcycle in that area, Crowborough PCSO's attended and issued a Section 59 warning to the 17 year rider of a Suzuki motorcycle. A Section 59 warning means that if the bike is seen being used again in a similar manner it will be taken away from the owner by officers. Quote from Sergeant Dave PRICE, "A car owner from Heathfield had his car taken away recently for similar behaviour. We would have no hesitation in doing the same thing again if the vehicle is being used irresponsibly."

from http://www.sussex.police.uk/npt/weal...uniqueid=16882

:?

Messie 03-06-06 08:27 PM

Long story but should I be worried?
 
I go up - I go down.

The form says stopped under section 60, not 59. Don't know what that means. But he didn't threaten to prosecute me for anything. I don't think he could. What would be his evidence? He didn't see me and he admitted that the speed gun on the bridge wasn't set up yet


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