Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Just got given one for apprertly driving without due care and attention... probably a fair point, however what im wandering is, i asked him if i had some evidence of this like paperwork and he replied its all logged and he has video evidence, but all he did was write my name down and section 59 in his little notepad, i got no paperwork, didnt have to sign anything etc... ?
Am i right in thinking he's just doing it to try and scare me because he said my car will be impounded next time, and he also said he could of given me 6 points and made me loose my license...but i was thinking if he could of then why didnt he.. ?
Thanks for the help, and please dont reply shouldnt be a knob etc cause i wasnt driving dangerously or recklessy just was going round a roundabout a tad quickly..
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Haimsey
Premium Member
Registered: 8th May 05
Location: Nottingham Drives: Corsa B
User status: Offline
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how do you define " a tad "? 
Marcy Marc 
White Sport Progress Thread
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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erm honestly not as quick as i know i can... so not balls out... he said i was racing my mate in a nova when i was actually driving home ... and i didnt even know the guy in the tatty nova
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Haimsey
Premium Member
Registered: 8th May 05
Location: Nottingham Drives: Corsa B
User status: Offline
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so why did he stop you and not the nova? discrimination (sp) 
Marcy Marc
White Sport Progress Thread
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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dunno he demanded the name and address of the nova, i was like " i dunno mate dont even know who he is " his response " you obviously do you were driving with him " my response " no he was just drivning the same way "
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
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I got threatened with that once
Think it meant if i got caught driving fast twice in one night/week whatever. I could have my car impounded.
Corsa 2.0 16v Vegas - Sold
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
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Seizure of motor vehicles
59 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,
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 (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(7) Subsection (3)(c) does not authorise entry into a private dwelling house.
(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
(9) In this section-
"driving" has the same meaning as in the Road Traffic Act 1988 (c. 52);
"motor vehicle" means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
"private dwelling house" does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.
Source: http://www.opsi.gov.uk/ACTS/acts2002/20030--f.htm
Corsa 2.0 16v Vegas - Sold
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Butler
Member
Registered: 2nd Jun 05
Location: London
User status: Offline
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quote:
Originally posted by VegasPhil
I got threatened with that once
Think it meant if i got caught driving fast twice in one night/week whatever. I could have my car impounded.
Cant have been in the valver then?
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VegasPhil
Premium Member
Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
User status: Offline
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Corsa 2.0 16v Vegas - Sold
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Tom J
Organiser: South Wales
Premium Member
Registered: 8th Sep 03
Location: Bridgend
User status: Offline
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basically if you get pulled over again and they do a PNC check on you, then they can take your car away.
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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PNC check ? he just wrote my name and numberplate in his note book that's it ..
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Tom J
Organiser: South Wales
Premium Member
Registered: 8th Sep 03
Location: Bridgend
User status: Offline
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if he wrote it in his notebook mate he will do all the paperwork later and it will show up anytime you get pulled over and they make a check on your car
[Edited on 18-04-2006 by Tom J]
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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He was on the radio for ages, i just find it hard to believe, i got done for my reg plates and got loads of paperwork... i get done for this which seems more serious and get nothing ?
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Tom J
Organiser: South Wales
Premium Member
Registered: 8th Sep 03
Location: Bridgend
User status: Offline
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check my edit
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Right thanks for the info good job i dont drive like a knob much then or i would be screwed really, i take it he cant change his mind and decide to give me points ?
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Tom J
Organiser: South Wales
Premium Member
Registered: 8th Sep 03
Location: Bridgend
User status: Offline
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He cant change his mind now, he has already written in his notebook that he has given you a section59 so that sticks, just be careful in the future. At the end of the day he probably didn't want to ruin you by giving you 6 points, as if you've been driving under 2 years you have to retake your test, so he thought this may make you think next time imo
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Yeah it certainly will do, will drive alot more sensibly 
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Davido
Member
Registered: 18th Aug 03
Location: Reading,Berks
User status: Offline
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As said above rob if your seen driving fast and the officer decides to check up on you records will show you got pulled before, think of it as a 1st chance kind of warning, next time id be 99% sure the officer would issue points.
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Shaun2005
Member
Registered: 25th Jan 05
Location: Scotland
User status: Offline
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i got one of them mate. paperwork is done later. He said anymore irresponsible driving and my car will be taken from me. Did a handbrake turn in the snow, police stopped me about 30 miles from where i had done it to find out an hour earlier i had been reported for it. DAMN IT!!!! some fat women had called the cops on me. b*tch, .
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Ry_B
Banned
Registered: 1st Dec 05
Location: Solihull, W Mids Drives: 45BHP beast!
User status: Offline
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PMSL @ the Nova.
To be fair he was probably just having a bad day, just take it easy mate.
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Twiggy
Member
Registered: 15th Oct 04
User status: Offline
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I got one a week ago mate and he gave me a slip... He is just trying to shit you up
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K2 GTi
Member
Registered: 21st Oct 04
User status: Offline
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Yes you will of got a section 59, you don't need any paper or anything, get another and tehy will take your car like they did my mates evo. and it costs alot to get it taken of of impound!
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Rob B
Member
Registered: 8th Jan 04
Location: Area Motorsport Drives: Race EP3
User status: Offline
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Ok thanks for the info peep's
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white_gsi
Member
Registered: 11th Sep 04
Location: Redcar,middlesbrough
User status: Offline
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Suspension for Incompetency or Improper Driving. – Notwithstanding the provisions of RSA 541-A:30, the director may order the suspension of the license of any driver in his discretion, and without a hearing, and may order the license to be delivered to the department, whenever he has reason to believe that the holder thereof is physically or mentally an improper or incompetent person to drive motor vehicles, or is driving improperly or so as to endanger the public, or has appealed from a conviction of the violation of any provision of this title, or has made a material false statement in his application; and the license shall not be reissued unless, upon examination or investigation, or after hearing, the director determines that the person should again be permitted to drive. Provided, however, that if the director revokes or suspends a driver's license under the provisions hereof, said driver, upon his written application to the department, shall be granted a hearing by the department within 15 days after the filing of said application.
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white_gsi
Member
Registered: 11th Sep 04
Location: Redcar,middlesbrough
User status: Offline
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this out of my law book im sad i know
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