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[ViscountCharles]

It all rather sounds like the Policeman thought that he *might* have enough for a "without due consideration for other road users" charge (careless driving, section 3 RTA), but not enough to actually charge you.

OK, I've had to go and look up section 59, because it wasn't what I thought it was. What *I* thought it was (and I'm an ASBO specialist) was a way for the Police to deal with nuisances, like abandoned cars, "cruises" and burn-outs on the local sink estate.

Quote:

Section 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).

(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).

Ah - I see. What was designed as a provision to clamp down on cruises gives the Police the right to circumvent the presumption of innocence in the criminal courts and forget the charges, and just seize your car. Hmph - I *really* can't see that passing muster in the Divisional Court.

My opinion - the requirement under section 59 that your use of the vehicle "causing, or is likely to cause, alarm, distress or annoyance to members of the public" is absolute, and means that the Police have to demonstrate some wider anti-social behaviour aspect; they can't just issue notices willy-nilly for cutting someone up at a roundabout.

Now there's a school of thought which says "let sleeping dogs lie" - that the more fuss you create, the more likely they are to decide to start seizing/charging people with careless driving.

But if it were *my* car that had just been given a notice by some over-zealous copper who doesn't understand what the law actually means, and thinks that it's some way to take my car off me without bringing charges or allowing me to test the evidence, I'd be down the station in a flash, having a word with the duty inspector; if I felt generous, I'd be offering them some training on what the law actually means, and if not I'd be putting complaints in writing to the Chief Constable followed by a quick application for Judicial Review (which isn't quick, s very expensive, and would not go well for the Police if all they could say was that I might have inconvenienced a lorry driver).