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Section 59 Police Reform Act 2002


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#1 Brent

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Posted 05 May 2007 - 11:23 AM

I am after some guidance from anyone who has recently used this power.

The scenario is that having seen a vehicle driving round our area over the course of two nights - revving it's engine outside clubs and playing loud music - I managed to stop it and speak to the driver. Anyway, he seemed to think he had the upper hand as he was fully insured etc and as I walked away turned the music up again. I therefore went back to him and discussed Section 59 of the police reform act 2002 and told him how if I gave him a warning tonight and he was caught doing the same thing again any time in the next 12 months his car would be seized. This had the desired effect and we both parted company.

However, I'm not totally sure I was correct in my advice? I presumed that anti social behaviour from a vehicle would suffice for this legislation - the loud music. However on closer examination of the legislation I note it refers to careless and incosiderate driving. Now I still think that loud music falls in to this definition but I'm wondering if it was challenged whether a court would? The circumstances being a parked car with the engine outside a club playing loud music. I'm fairly confident this would stand up but thought I would put it out there and see if anyone has any prior knowledge?

Also, my plan now is to place a marker on the vehicle and the driver to state he has been given a warning. Details will then be recorded in my PNB as I'm not aware of any form I should have given the driver? Though I have noted it on the stop from I submitted - a copy of which the driver didn't want.

#2 hairybeast

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Posted 05 May 2007 - 11:59 AM

I think s59 only applies if driven off road or driven carelessly/inconsiderately

#3 peteratsea

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Posted 05 May 2007 - 04:34 PM

Under the Environmental Protection Act, The Local Council Environmental Health Department do have the power to seize any equipment that is used to create a noise disturbance. This includes a vehicle. You might want to consider advising your local Environmental Health officials of this vehicle.

#4 Devons finest

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Posted 05 May 2007 - 05:07 PM

As a police officer you can in fact report him for the excess noise yourself. a good guidance would be to note at the time that you had to raise your voice to a shout to be heard.
s59 requires the driver to be issued with a written warning. im sure you force will have one but it is a misnomer that police officers do not believe they have a power for excess noise from a vehicle.

#5 Molloy

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Posted 05 May 2007 - 05:34 PM

S59 does invoke both the vehicle being used in an antisocial manner and that it is being driven carelessly/ inconsiderately. However, inconsiderate does have a wide meaning, and you only have to prove it inconvenienced another road user - perhaps by committing another offence such as obstruction or causing other road users to look around diverting their attention from the road to see what was causing the revving noise.

Put a PNC marker on it, see if your force has a form to send to the drivers address (ours does). However, there's no requirement for you to serve this on the driver at the scene. We also document warnings on our operational intelligence database, so they stay on the system for seven years. Note that the warning can apply to the driver AND to the vehicle too, so put a marker on his PNC check if you don't have an op intel database - if he's caught driving someone else's motor like a numpty that can then be seized without warning.

#6 aaron

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Posted 08 May 2007 - 02:22 AM

[quote]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,[/quote]

does the "and" mean that the the person has to be breaking both to be given a warning under s59 ?

[quote]3 of the Road Traffic Act 1988

3. If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.[/quote]

[quote]34 of the Road Traffic Act 1988

34.—(1) Subject to the provisions of this section, if without lawful authority a person drives a motor vehicle—

(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or

(B) on any road being a footpath or bridleway,

he is guilty of an offence.

(2) It is not an offence under this section to drive a motor vehicle on any land within fifteen yards of a road, being a road on which a motor vehicle may lawfully be driven, for the purpose only of parking the vehicle on that land.

(3) A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that it was driven in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency.

(4) It is hereby declared that nothing in this section prejudices the operation of—

(a) section 193 of the [1925 c. 20.] Law of Property Act 1925 (rights of the public over commons and waste lands), or

(B) any byelaws applying to any land,

or affects the law of trespass to land or any right or remedy to which a person may by law be entitled in respect of any such trespass or in particular confers a right to park a vehicle on any land.[/quote][/quote]

#7 Molloy

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Posted 08 May 2007 - 09:35 AM

Yes, that's why it doesn't say 'or'.

#8 aaron

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Posted 08 May 2007 - 02:15 PM

i that case if i was given a s59 warning for listening to music to loud in my parked car, i have not committed an offence under s59 ?

what steps can i take to remove the warning from my cars record ?
and receive a more fitting punishment ?

if i was given a warning for loud music and told that if i did it again my car would be seized, id accept the warning, but i didn't drive without due care or attention or off road (which are worse offences in my opinion) so the warning is inappropriate.

thanks, aaron

#9 Matty Hall

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Posted 14 May 2007 - 08:10 AM

By having the car on a road or public place you are deemed to be "using it", thereofre if you are parked up and have your music playing very loudly and it is deemd to casue alarm, harassment of distress to the public you can be issues a sec 59.

(however I would only consider this if your music was Hanson - hmm bop or Aqua - Barbie girl)



:)

#10 M.I.A

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Posted 12 June 2007 - 05:19 PM

By having the car on a road or public place you are deemed to be "using it", thereofre if you are parked up and have your music playing very loudly and it is deemd to casue alarm, harassment of distress to the public you can be issues a sec 59.

(however I would only consider this if your music was Hanson - hmm bop or Aqua - Barbie girl)
:)



totally agree with this statement sorry aaron!

#11 Devons finest

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Posted 13 June 2007 - 06:17 PM

totally agree with this statement sorry aaron!

imho it fits s.59 but i stress again you can also report him for the noise alone

#12 DirtyMoney

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Posted 13 June 2007 - 06:48 PM

By having the car on a road or public place you are deemed to be "using it", thereofre if you are parked up and have your music playing very loudly and it is deemd to casue alarm, harassment of distress to the public you can be issues a sec 59.


I agree with your definition of "used", as I take this to mean "have the use of". However, I don't see how a parked, stationary vehicle can be in contravention of either s. 3 or 34 RTA 88. I think in this case it's a retrospective warning where the officer believed the vehicle had been used in contravention of s. 3 or 34.

Both s. 3 and 34 require the vehicle to be driven, so it's difficult for a stationary vehicle to be involved in the offence (though not impossible).

Reg 97 of the Road Vehicles (Construction and Use) Regulations 1986 is far more appropriate.