Gareth wrote:vonhosen wrote:Some people playing in car parks "do" get served Sec 59 notices.
OK, but in what circumstances can Section 59 notices be served?
I've made a brief search, then the first case I found was where two people were riding scrambler bikes in an area that had previously been designated a Site of Special Scientific Interest, (SSSI).
They were reported for driving licence and insurance offences, but I presume the Section 59 notice was served because of infringing an SSSI.
What rules would be infringed for which a Section 59 notice could be served for someone playing in a snowy car-park taking care not to endanger others?
Section 59 of the Police Reform Act 2002 refers to vehicles being used in a manner which causes alarm, distress or annoyance. Where a vehicle is being used in this way, or otherwise amounts to careless or inconsiderate driving, a constable in uniform will have powers to deal with it. A common example given is handbrake turns in a housing estate, but if it's a car park that qualifies as a public place under the road traffic act, skidding around will come into play also.
Sec 59 wrote:59(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 (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).
59(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).
59(3) Those powers are-
(a) the power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b) the power to seize and remove the motor vehicle;
(c) the 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) the power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs (a) to (c).
Failing to stop the vehicle as per (a) of this subsection is a summary offence contrary to section 59(6) of the Act.
59(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 warning.
59(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;
(c) 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 of the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.
59(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
I expect it's also more likely to be missed by the salt & gritters than the roads.
