s59 is only applicable when you are in contravention of S3
or 34
and riding in a manner causing or likely to cause alarm, distress, or annoyance to members of the public.
Note that both parts have to be satisfied for it to be a proper issue
It does not supersede the RTA.
If you are stopped where you know is a legal right of way, tell the officer if he tries to issue you one that you will be in contact with the chief constable to contest it.
Some people i know where issued them on a UCR and had a nice letter of apology off the BIB the week later retracting them.
Also worth noting the BIB have to be in 'uniform' to perform a stop. No uniform, no stopping is my motto.
Also if the location is a private road that is not also a ROW then you cannot be issued one.
more here:
http://www.glass-uk.org/index2.php?opti ... f=1&id=267