Yep..I've been harping on about this for a few years now... and posted up a long string on the old site!
Tried to get a centerfold advice for trail riding in Trail produced so that members could take it out, laminate it and carry with them... but to no avail so far...
Basically s59 is one of those Laws that was rushed out to deal with a "political " issue and be seen to be doing something about yoblets riding mini motos in parks etc...
You only have to have a look at the Police forums and the "Specials" forum to see some of the interesting thoughts voiced by those who should have training in it's application.
I even noticed that Janes Police Review had a Sgt's promotion exam question on it and got it wrong!
As it stands there is:
No built in ability to appeal on a warning.
No proper training or conformity as to what it means.
No way of finding out if you already have a warning registered against you or your bike on the Police National Computer. Except if you are lucky to be told about it following a comlaint against police, and then they DONT have to tell you whats on the PNC without a lengthy Court Action.
No way of finding out if the bike you buy already has one. Police wont tell you and HPi check doesnt find it..
No way of finding out if your registration number has been taken off a photo on some forum and used by an anti to phone in a complaint.
No way of finding out the strength of the information used to give you the s59 warning if from a third party complaint.
No specific wording to state what standard of evidence is required following a complaint to police resulting in a s59 warning...
If you are reported to police by a member of the public, it is the police officers own decision, based on what he or she is told as to whether or not a s59 warning is recorded against your registration plate.
There is no need for any written statement from a witness and indeed only a simple form for the police officer/PCSO to fill out.
You are not as a requirement, written to as the registered keeper of the vehicle concerned.
Different police areas have different criteria and local instructions for issuing them, different training and often a different understanding of what it means!
There are other overlaps.. A John Smith could be reported for a s59 warning, you might be a John Smith later stopped by a police officer.. there is no way of discovering if you are or are not the same John Smith. If you are in a remote area there be no way (AirWaves link) for a police officer to confirm details anyway.
If the member of the public reports a bike and gets a single letter or number wrong then it might be YOU who gets the s59 warning registered on the PNC.
They dont always let you know and the Act doesnt say they have to...
Case in point a bike owned by a well know trail riding company was seized by police because it had a previous s59 warning against it's registration. Unlucky for the paying customer who was riding it at the time as he now has a s59 warning against him as well and was left out on the trails without the bike he had hired!
The Act actually says the police officer does NOT have to seize the vehicle even on a second occasion if they think their request to stop is heeded and the antisocial action ceases... Indeed if he/she thinks their first warning wont stop you continuing the anti social behaviour/alarm/distress they can seize the vehicle on the FIRST warning!
Also the Act states that a police officer in uniform can go to the registered keepers address or any other property within 24hrs of a second s59 warning and enter any property other than a dwelling house, to seize the vehicle..without warrant and on the strength of third party verbal information...
BUT even if you have your bike seized remember that if it is road legal, taxed, insured, MOT'd and road worthy and you or whoever else picks it up, has a valid licence you can get it back by just paying the recovery fee. Vehicles can only be crushed under seperate legislation, not because of a s59 warning or seizure...
Also you have to be doing two things... Committing a Road Traffic offence..riding elsewhere other than on a road (including a Restricted Byway), riding without due care, recless or dangerous.. AND ALSO causing alarm, distress, annoyance to a member of the public. Not might do so, but IS/HAS done so...
I.E. you cant get a s59 warning for just being on a Restricted Byway, especially if it is used by other vehicles legally, farmer etc.. Police vehicle...
A Restricted Byway is a ROAD under the Road Traffic Act.
In order to commit an offence of without due care, dangerous or recless etc.. you would also be guilty of it if it were the local High Street in Town...
You can also cause alarm, distress and annoyance and as long as you are riding normally as if it were a normal surfaced road but depending on the conditions at the time then it is NOT an offence.
This is why the S59 legislation is bad law... OK for what it was intended to be used for but this is not why it was created in a rush...
If you are riding normally, even on a Restricted Byway you cant..or rather SHOULD NOT get a s59 warning.. if you dont have a legal authority to be there or acting on one of the allowances built into the NERC Act then it should be a Fixed Penalty Ticket, £40 and NO POINTS...
If you are "riding off" road on PUBLIC land, footpath, bridleway etc..without reasonable excuse or lawful authority then again it's a fixed penalty ticket if you are riding safely and reasonably for the conditions..
If you are on PRIVATE LAND then that's another matter..Road Traffic Act, s59 might not apply depending on the circumstances.. if it's an area open to the general public then it might be... I.E. car park..
Again s59... it's bad law, abused, used for the wrong reasons, used by people who have not real understanding..
Be careful. Just be glad you are in the TRF with people like Boz who care and people who will help.