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Robyrotten

Joined:

Feb 13

Posts: 3

Robyrotten says:

ASBO section 59 seizure notice

Two of my friends were returning from a rideout on 7/10/12, they were in a 30 limit, single lined rd, a bus was pulling out from a bus stop with one car behind. Both riders had a clear view, no on coming traffic was approaching so made a pass on both vehicles. Some ten minutes later the person in the vehicle behind the bus was seen taking photos off the two bikes parked (unmanned). Two days later the police called on each rider at there homes to issue a section 59. Both men are middle aged with no warnings, convictions whatsoever. The car behind the bus was an off duty policeman in his own personel car. The question is has he the power/right to impose such a draconian punishment on two men off previous good character for a simple overtaking manouver or are we now in a state that can abuse power at will days after the event !!!

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  • Posted 2 years ago (05 February 2013 19:35)

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philehidiot

Joined:

Feb 09

Posts: 4759

philehidiot says:

They

could challenge it but they'd have to disprove the allegations. Check the law on section 59 of the police reform act and you'll see there are very specific criteria.


You could challenge it but I doubt you'll win. It sounds to me like an up his own arse copper who doesn't like bikes. A simple over take does not warrant a section 59, even if you were exceeding the speed limit.

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eatcs01

Joined:

Aug 02

Posts: 3277

eatcs01 says:

Section 59

Personally, I would challenge it. Where's the copper's proof? WHY was it issued?
I wouldn't have accepted it in the first place. If I did, then it could have repercussions for my Shotgun License :upset:

If it was a single copper, and no camera evidence, then it's his/her word against yours.

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smidget

Joined:

Nov 07

Posts: 2424

smidget says:

Too

many variables for my liking.

What evidence is there to support his claims?

Is there photographic evidence of the two bikes overtaking the car / bus if not how does he suppose to verify that the two bikes which he submitted as being the two which overtook the car / bus.

No case to answer if there is no substanciating evidence.

Basically I would be questioning this case.

I am of the belief also that he would of had to have been in full uniform, I may be wrong and if he is 'off duty' then I also believe he is not able to issue such an order again I could be wrong.

Perhaps Andrew from bikelawyer will put the legal standing on this issue. 

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philehidiot

Joined:

Feb 09

Posts: 4759

philehidiot says:

If he's

off duty then he has the same powers to complain as anyone else. Also if he took photos of the bikes after the event can he prove they were the same bikes? No continuity of evidence.


You really would have to be riding in an antisocial manner and a simple over take is not antisocial. It could be careless or dangerous but not sure if it would cause distress, etc to a driver.

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Robyrotten

Joined:

Feb 13

Posts: 3

Robyrotten says:

Section 59

Thanks for your input, I will keep everybody informed on the outcome. 



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eatcs01

Joined:

Aug 02

Posts: 3277

eatcs01 says:

sec59

you say it was a "Single lined road"... What does this mean?? Was it a SOLID white line?

If so, did they cross it?

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Robyrotten

Joined:

Feb 13

Posts: 3

Robyrotten says:

White line

No it was a broken white line ! It's issues like this that will make you think when the (friendly) cop comes talking to you at bike meets !!!!

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