section 59 - outrageous highway robbery?

liam8282

^ You are committing an offence under the RTA, as the letter clearly tells you.

The officer could have charged you under the RTA, but it is more efficient to give you a S59.

liam8282

Section 3 of the Road Traffic Act 1988, as amended by the Road Traffic Act 1991, creates offences of driving without due care and attention and driving without reasonable consideration on a road or public place.

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place, he is guilty of an offence.

maninthestreet

liam8282 wrote: »

^ Somebody has already posted earlier in the thread that you can appeal against a S59.

Maybe not at the time when your car is getting seized, but you can still appeal against it.

There is no right of appeal to a COURT, like there is with a FPN. You can, of course, try to appeal to the Chief Constable of the relevant Force, but they are hardly likely to be an independent arbiter, are they??

Inactive

If it gets these morons off of our roads, I couldn't care less how they do it.

maninthestreet

Inactive wrote: »

If it gets these morons off of our roads, I couldn't care less how they do it.

Uninformed and ignorant comments like this don't help.

liam8282

If the people disagree with the S59, just think you could have been charged under the RTA taken to court and more than likely received a fine and a driving ban.

You were probably lucky to only get a S59 and a fine.

Inactive

maninthestreet wrote: »

Uninformed and ignorant comments like this don't help.

Just my opinion, take it or leave it.

maninthestreet

liam8282 wrote: »

If the people disagree with the S59, just think you could have been charged under the RTA taken to court and more than likely received a fine and a driving ban.

You were probably lucky to only get a S59 and a fine.

There you go again, PRESUMPTION OF GUILT!

Paradigm

liam8282 wrote: »

^ You are committing an offence under the RTA, as the letter clearly tells you.

The officer could have charged you under the RTA, but it is more efficient to give you a S59.

If an offence has been committed then the driver should be prosecuted & therefore have all defence routes open to him, I have no argument there.

A S59 being more efficient?? I don't think so! It just closes any appeal route you "should" have... as I said it's abuse of power.

liam8282

Paradigm wrote: »

If an offence has been committed then the driver should be prosecuted & therefore have all defence routes open to him, I have no argument there.

A S59 being more efficient?? I don't think so! It just closes any appeal route you "should" have... as I said it's abuse of power.

A S59 is more efficient for the police as they can fill a form in and have it dealt with there and then.

If you were unfortunate enough to get a S59 you could always ask the officer to charge you under the RTA instead, then you would get your day in court.