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Greenlaning & "SECTION 59"

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Greenlaning & "SECTION 59"

Postby FUDDY MUCKER on Sun Jun 27, 2010 9:23 am


Just a bit of information on what "SECTION 59" is and what impact it could have on you if you don't do your home work before you go greenlaing and either end up using an un-authorised or a TRO'd lane or you decide to try out your new chuncky mud tyres somewhere you should'nt !!!

Section 59, in a nutshell, lays out the conditions whereby a police officer can seize your vehicle if they believe it is, or has been used in a way that causes alarm, distress or annoy other members of the public. This can normally result in points on your licence relating to the offence, your vehicle being seized, you being charged a daily holding fee for your vehicle for a set number of days - and then it get's crushed if you don't pay up the daily and release fee.

The "alarm, distress or annoy" can be down to you playing excessively loud music, hanging around in areas like shop car parks whilst the shops are still open or staffed after they close, and driving dangerously / carelessly - even if under the speed limit, , using an unauthorised or restricted greenlane, brideway or footpath or harrassing walkers, cyclists, horse riders, motorbikers or any other member of the public who uses the countryside.

There are other circumstances you can be prosecuted under this act for, but the ones I've mentioned are the most common offences.

Anyway ... here's a quick rundown of Section 59...

Section 59, Police Reform Act 2002

Vehicles used in manner causing alarm, distress or annoyance

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 (c. 52) (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,
  • C) he shall have the powers set out in subsection 3.

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.

3) Those powers are-
  • A) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
  • B) power to seize and remove the motor vehicle;
  • C) 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) power to use reasonable force, if necessary, in the exercise of any power conferred by any of paragraphs to A to C.

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 the warning.

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 the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

6) A person who fails to comply with an order under subsection 3A is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

The full details of the Police Reform Act 2002 can be found here (direct link to section 59 which is not completely included in this post due to it's size)

I have still yet to find out the exact fines and penalties imposable under section 59, but as soon as I do I'll post them up here.

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Re: Greenlaning & "SECTION 59"

Postby adyclemo on Sat Jul 03, 2010 9:37 am

Used to do alot of *cough* racing with the local car clubs a few years ago. Well aware of the section 59 and round here if there are more than 5 cars together they give you one. Im pleased to say i have grown up a bit now and have become aware of the dangers more and the potential problems it causes. I do miss the adrenelin rush you get though. The 2 most used areas around here were on the local news a few weeks back and they are now imposing huge fines and penalty points for people breaching the setion 59 act.
Regards Ady

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