Section 59
August 2nd, 2009Bob asked for our comment on police use of section 59 of Police Reform Act 2002.
The story goes like this. Last year a mate was riding in North Wales and was stopped for filtering and issued with a Sect 59. I suppose he did not
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November 2nd, 2009 at 6:11 pm
Does the section 59 have to be given to you in writting or is it a verbal thing?
November 4th, 2009 at 9:35 pm
The section of the Act is set out in full above. Although other commentators talk of the need for written warning, the Act just says warning, with no mention of writing. We did find some useful guidance given by the Hertfordshire police which says that any warning should be recorded in writing. That is available by clicking here. The sort of situation the section is intended to deal with does not really allow for the polite exchange of written warnings. The advice to write it down is advice to the police officer, as he may have to use that as evidence that a warning was given. It is a strong piece of law.
December 29th, 2009 at 7:27 pm
does the vehicle have to be in motion for section 59 to apply?
For example, a parked vehicle sitting on the side of the road and the passenger throwing a snowball from the car?
I dont think it would apply to this example, as section 3 is not contravened at the same time, but i have had conflicting opinions from my colleagues.
January 4th, 2010 at 6:44 pm
The offence relates to the use of the motor vehicle. using it as cover for a snowball fight is not really within section 59. The section is given a very broad reading by the police, and practice differs between forces.
Section 59 has provoked a good deal of interest from YourKey members, so do please share your experiences with us.
YourKey team
February 11th, 2010 at 5:35 pm
if a section 59 is issued to someone can the police them issue you with a different charge.my son was driving his girlfriends car in a carpark and he was told although it was not the public highway it had access to the public and because he is only 16 he does/nt have a licence yet and he was issued with a warning.I the sheet that he was given then he was sent a summons today for to appear in court for driving on the public highway .Are the police allowed to do that?
February 15th, 2010 at 6:28 pm
Our guess is that your son is in trouble. There is much confusion between roads, public places, highway, and so on. PC probably thought your boy was driving in an area where a licence was not necessary, but then checked.
Section 59 is really intended to stop vehicles causing a nuisance, but it tends to be used as justification for ticking drivers off.
We think you need to consult a local solicitor with road traffic prosecution experience in the Magistrates Court.
Let us know what happens please.
Yourkey team
March 7th, 2010 at 10:01 pm
My freind was at mine tonight and left for work, about 15 minutes later he phoned me and said can u come to @@@@ and i said why. basically i went to find him thinking he had had an accident as i heard him giving details to someone over the phone. i proceeded to leave the house worried and made my way there apparently i was speeding but i dont know for myself exactly how fast, the police said it was 100mph . I saw a police car near where he said to go but could see him or his car i drove a bit further and saw him at the side of the road but couldnt stop i carried on the road to find somewhere to turn and in the meantime the police car had begun to follow me. for no reason or so i thought. i pulled into a parking space to turn round and the police car followed. then came another police car. they started talking to me but i wanted to go and see my friend. Iin the other car the sergent was in there and basically he said i was driving too fast and was going to issue a section 59 he then left and the opther constable took my details and checked them on the computer and said to wait in the car which i did. he came back after 5 minuted with the section 59 to sign which i did declined but all he said is the sergent will make a decision what he will do but I have no idea what to do. Will this stay on my record for a year still even though I didnt sign it? what will happen in court? will it come off record if im not guilty? would i have been better just signing the 59 and getting the bus for a year at risk of having my car crushed.. many thanks for your help
March 11th, 2010 at 3:06 pm
Thanks Marty,
There are very few circumstances which will allow you to justify breaking the speed limit, and your situation does not look like one to us.
The section 59 notice is meant to be a way of giving you a warning, and if you do it again there are consequences. The trouble is the way in which police forces use section 59 varies, and it is often a power directed at bikes.
On what you tell us our guess is you would have been better to take the warning rather than face a speeding prosecution, particularly at very high speed. You may find the speed cannot be proved, so you may hear no more.
Please let us know if you do hear more.
YourKey team
June 4th, 2010 at 9:48 pm
There are pros and cons to section 59. It can be a useful tool if used wisely and properly by the police. However it can apply to almost any deviation of the ‘driving standard’…..putting most of us at risk technically.
Consider this angle……3 lads in car. Passengers throw eggs out of window connecting with a pedestrian. The car is pulled over by police and rightly so. He has a s. 59 warning already. Car is seized despite driver asking his own passengers to stop the egg throwing. Driver has to pay
October 10th, 2010 at 2:33 am
Dose anybody know if the police have the right to seize a car for driving offroad and a passnger had a section 59
November 2nd, 2010 at 3:49 am
Hi, i got pulled over last night apparently i was driving in a car park at a fast speed and wheelspinning (which i wasnt), police officer got me to sign a bit of paper which i did because i was in shock and wanted to go home, she then said if i do anything else in a year i would have the car taken off me? but seen as tho its not my car its my mothers and i have insurance on the car would they still take the car? also if they take the car can you get it back by paying a fine? are section 59 serious? a feel like i was giving a harsh lesson by the officers if its quite serious
November 2nd, 2010 at 3:52 am
also to add to my above comment, whats the likleness of the police crushing my mams car if i get caught with any offence in the next twelve month?
November 3rd, 2010 at 4:09 pm
Thank you Shaun,
You were either driving or you were not. You know.
A section 59 notice is a strong weapon which seeks to control your driving behaviour for a 12 month period. The warning against you will be recorded and if you are stopped again then your car can be seized. It does not matter who owns the car, it can be seized.
The purpose of this law is to stop people driving in a way which is worrying local residents. Speeding up and down a street of houses or pulling stunts, that kind of thing.
It is quite possible a driver was not committing an offence, but the police wanted that type of driving in that area to stop. They will ask the driver to stop, issue a section 59 notice, and it sits there on record for 12 months.
Beware the car you are driving can be seized. It does not have to be the same vehicle, only the same driver. But be aware if the same vehicle is spotted being driven in a way which contravenes the section then the notice can bite, and the vehicle be seized, even if the driver id different.
It is a very strong stick to control driving behaviour.
November 3rd, 2010 at 4:28 pm
If you or the car are seen committing the offence which triggers section 59 the car can be seized. The notice operates against you and the car. The risk might be your Mum doing a hand brake turn next time she goes shopping and the car being seized.
If Mum is registered as the owner she will get a notice too.
Take it easy Shaun as she might not forgive you if the car is seized.
It is section 59 which talks about seizure of the car. Once seized you can get it back subject to paying for the collection and storage. If the car is of little value, and you do not collect it quickly, then it might well end its days in the crusher.