Section 59...
Section 59...
W@nkers :Shooting:
I got told about it by a mate yesterday...apparently he got issued it for playing loud music while driving around...but in reality its because he is 19 and got an M3 and they are always watching him with jealousy...I never even heard about it...how many other sneaky little things can the po po put on you???
W@nkers :Shooting:
(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.
Hope that helps
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aaronabbott
21-08-2016, 01:06 AM #259 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.
Hope that helps
ICE-JVC kw-avx820,JL 300/4,JL 500/1,JL HO210R-W3V2,mb quart rua-216 components,2x veba headrest screens
TRD front lip,hid 8000k,ik 20's,front armrest,18'' black rims with chrome polished lip,k&n filter,hks superdragger,chrome a/c rings,rear view camera,bc coilovers
http://www.opsi.gov.uk/Acts/acts2002/ukp...20030_en_1
This link shows what the police says about the Section 59
http://www.opsi.gov.uk/Acts/acts2002/ukp...20030_en_1
aaronabbott 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;
© 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.
Hope that helps
Yep, seen that but I think it is worth noticing the "and in (a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless andinconsiderate 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).
...which means that by just playing loud music you are not actually a subject to a section 59 because as long as you are driving safely the subesction (a) of the act is not being broken...
aaronabbott 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;
© 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.
Hope that helps
Yep, seen that but I think it is worth noticing the "and in (a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless andinconsiderate 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).
...which means that by just playing loud music you are not actually a subject to a section 59 because as long as you are driving safely the subesction (a) of the act is not being broken...
They can use that this is distracting the driver or other drivers and you not in full controll of your vehicle.
Also it a public order to keep you volume down at certain time of the day.
Was the car in a built up area?
The Police always have the last laugh as there can take the vehicle as well.
They can use that this is distracting the driver or other drivers and you not in full controll of your vehicle.
Also it a public order to keep you volume down at certain time of the day.
Was the car in a built up area?
Lexusboy The Police always have the last laugh as there can take the vehicle as well.
They can use that this is distracting the driver or other drivers and you not in full controll of your vehicle.
Also it a public order to keep you volume down at certain time of the day.
Was the car in a built up area?
The PCSOs were standing outside a nightclub on patrol and he drove past and he saw them in the rearview mirror writing something on their notepad, he returned, asked what they are doing and they said they took down his VRN and will issue him with a s.59
Lexusboy The Police always have the last laugh as there can take the vehicle as well.
They can use that this is distracting the driver or other drivers and you not in full controll of your vehicle.
Also it a public order to keep you volume down at certain time of the day.
Was the car in a built up area?
The PCSOs were standing outside a nightclub on patrol and he drove past and he saw them in the rearview mirror writing something on their notepad, he returned, asked what they are doing and they said they took down his VRN and will issue him with a s.59
All PCSOs will have the following powers:
Issuing of fixed penalty notices (e.g. riding on footpath; dog fouling; litter)
Power to confiscate alcohol and tobacco
Power to demand the name and address of a person acting in an anti-social manner
Power of entry to save life or prevent damage
Removal of abandoned vehicles
If you look at it from the other side of the fence and someone sat outside your house with loud music playing you would not be happy.
Normally people with loud exhaust get these fines as well.
Hopefully nothing will come about them making a note....:wink:
I think they are with in there power to do that as this full within there dutys.
All PCSOs will have the following powers:
Issuing of fixed penalty notices (e.g. riding on footpath; dog fouling; litter)
Power to confiscate alcohol and tobacco
Power to demand the name and address of a person acting in an anti-social manner
Power of entry to save life or prevent damage
Removal of abandoned vehicles
If you look at it from the other side of the fence and someone sat outside your house with loud music playing you would not be happy.
Normally people with loud exhaust get these fines as well.
Hopefully nothing will come about them making a note....:wink:
Lexusboy I think they are with in there power to do that as this full within there dutys.
All PCSOs will have the following powers:
Issuing of fixed penalty notices (e.g. riding on footpath; dog fouling; litter)
Power to confiscate alcohol and tobacco
Power to demand the name and address of a person acting in an anti-social manner
Power of entry to save life or prevent damage
Removal of abandoned vehicles
If you look at it from the other side of the fence and someone sat outside your house with loud music playing you would not be happy.
Normally people with loud exhaust get these fines as well.
Hopefully nothing will come about them making a note....:wink:
Point taken about someone with loud music outside my house...but c'mon they have to be considerate as well...its a young male in an m3 driving outside a nightclub where there are no residential buildings around playing loud music to stunt and show off to females...the noise is there and then its gone in 2 secs when he drives past you...but hey...its his case and whatever...im not saying he is 100% in the right cause you can ofcours always be picky and say he is being distracted and acting like a young idiot...but they have to consider that he wasnt driving dangerously or above the speed limit...i was just curious about this whole 59 thing...
Lexusboy I think they are with in there power to do that as this full within there dutys.
All PCSOs will have the following powers:
Issuing of fixed penalty notices (e.g. riding on footpath; dog fouling; litter)
Power to confiscate alcohol and tobacco
Power to demand the name and address of a person acting in an anti-social manner
Power of entry to save life or prevent damage
Removal of abandoned vehicles
If you look at it from the other side of the fence and someone sat outside your house with loud music playing you would not be happy.
Normally people with loud exhaust get these fines as well.
Hopefully nothing will come about them making a note....:wink:
Point taken about someone with loud music outside my house...but c'mon they have to be considerate as well...its a young male in an m3 driving outside a nightclub where there are no residential buildings around playing loud music to stunt and show off to females...the noise is there and then its gone in 2 secs when he drives past you...but hey...its his case and whatever...im not saying he is 100% in the right cause you can ofcours always be picky and say he is being distracted and acting like a young idiot...but they have to consider that he wasnt driving dangerously or above the speed limit...i was just curious about this whole 59 thing...
Lexusboy I not against people having fun :thumbup1:
As i said hopefully he won't hear anymore about it.
Anyway did his mateing call work:laugh: if so it with getting nicked
lmao yeah girls loook.... but then agaiin...i get looks too in my Lex...
good thing about being 18 eh 
Lexusboy I not against people having fun :thumbup1:
As i said hopefully he won't hear anymore about it.
Anyway did his mateing call work:laugh: if so it with getting nicked
lmao yeah girls loook.... but then agaiin...i get looks too in my Lex...
good thing about being 18 eh
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