Thought I would send a letter to MCN.....
I read with great interest your article in this weeks MCN about road riders experiencing problems with the police indiscriminately handing out Section 59 warnings. Welcome to the world of the trail rider!
As a motorcyclist who also enjoys riding legal green lanes on a fully legal trail bike, we have had to suffer these threats for years. The s.59's seem to be simply issued at the discretion of the police officer (and therefore open to abuse) and because it is a warning and not an affence which results in a conviction there is no official appeal or defence procedure (and therefore open to even more abuse). Another interesting fact is that the s.59 is attached to the bike as well as the rider. So if you buy a bike that has already had a warning in the last 12 months and you then receive one, your bike is confiscated and you have to pay to retrieve it or it could be crushed!
There is no doubt that these warnings are being abused by some police forces and not being used for their original intention, which was to counter the increasing number of young kids illegally riding the influx of cheap chinese mini-motos a few years ago. What other section of society would tolerate this abuse of civil rights?
Hopefully MCN will now put all their efforts into highlighting this absurd situation and trying to overturn this unreasonable and very unjust legislation. There will be an election within the next 12 months, perhaps we should be asking all the prospective candidates and parties what their views are on the systematic abuse of our personal rights and freedoms in the last few years?
In the meantime, if you are stopped and threatened with a s.59, you should:-
1. Establish exactly what offence you committed. You must have committed an offence under s.3 (usually driving without due care and attention or dangerous driving) or s.34 of the Road Traffic Act which has also caused alarm, distress or annoyance. If the second part is not fullfilled then a s.59 notice can not be issued.
2. Obviously get all the officers details and copies of any paperwork you are asked to sign. 3. Once issued with a s.59 and it is added to the police national computer it will appear both against you, your name, and the registration of the motorcycle you were riding at the time. If you have already been issued previously with a s.59 (or your bike has!) then on a second occasion the police have the power to seize your bike. The police do not immediately have the power to crush your bike. If you can prove ownership insurance, etc then on payment of a statutory release fee of around £130-150 you can reclaim your motorcycle from the police and continue using it. 4. If you feel that it is not justified then make a complaint against the officer & write to the Chief Constable of the force issuing the notice explaining your reasons. Ask for copies of all the documents including any witness/officers statements, videos etc. Another option may be a civil action against the Chief Constable to reclaim any costs that you have incurred, including any release fees? If you are offered a s.59 as an "easy option" to a prosecution for careless driving or a similar offence, remember that if you don't accept it the officer has to produce evidence and you get the opportunity to argue your case in court. If you are not guilty, then chances are that they will then back down rather than risk a day in court and mountains of paperwork with little prospect of a conviction. Only by people questioning and fighting against these injustices will the police reconsider their use.
_________________ Tony Davenport Lancashire Group http://lancashiretrf.free-forums.org/
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