Submitted on Friday 17th August 2012
Published on Friday 24th August 2012
Current status: Closed
Closed: Saturday 24th August 2013
Signatures: 36
Tagged with
Section59 Police Reform Act (2002)
The issuing of Section59 to users of vehicles involves the issuing officer to make a personal judgement call. It is my belief that this system is open to misuse or abuse, either an offence is committed or it is not.
Contravention of sections 3 and 34 of the RTA should surely result in the issuing of the relevant ticket as defined by legislative process.
An S59 issued because no defined laws are broken can lead to the confiscation of a vehicle, a much harsher punishment than drunk driving, driving without due care and attention, speeding to name but a few.
It would appear that an Officer or PCSO could feasibly issue an S59 because they find the colour of a vehicle offensive (a matter of personal opinion) and this has no obvious method of appeal or right to challenge.
Should it be right that a uniformed officer could issue an S59 for every bus or lorry going about their rightful business just because it makes me a little uncomfortable?
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