Hi all, Went for a little ride out yesterday. Came off a roundabout in outer lane, passed a few cars and a bike and noticed the bike stayed with me, fair enough not unusual. Road turned to single lane A road. It's a very wide road. The traffic was doing 30-35mph in a 60 limit, I was passing them at 35-40mph. Only passing when no traffic coming the other way. I did one naughty thing in riding down a right turn only lane at a set of lights then going straight on. Turned out this bike was an unmarked police bike, an old Honda. Pulled me over. I got the talking to and got given a section 59 warning for anti social behaviour as apparently my riding was very aggressive. If I get another within 12 months I go to court and get the bike seized. At the time I said ok fair enough but the more I think about it, the more I think he's gone over the top. Pretty sure the passing was all legal, no solid white lines etc, I know the right turn lane was silly but still I think he's gone OTT. My questions are, anyone else been pulled for similar? Filtering, it's totally legal yes? Even though I was actually just overtaking. Is there anything I can do to appeal this and if I do will it be in court? Cheers Mike
No idea, but sounds really harsh...would be interested to find out what the outcome is....anti social behaviour....what a load of bollocks..
I got pulled a few years ago with this crap. We rode up and down the same stretch of road 3 times. Apparently a high ranking copper lived nearby and didn't like the noise. Never heard any more about it.
He wasn't in uniform. Plain black leathers and helmet. No 'Police' markings anywhere on him or the bike. So looks like that could be worth a letter being sent
Yeah I think I will give it a go. Will have to see if I can draft a letter that sounds like I know what I'm talking about! Certainly seems that the police are handing these out for all sorts of things that don't apply after reading through Google results. Hopefully I will have them on the uniform thing. Cheers
To me it sounds like you've not done anything illegal, you're hardly riding like a cock, I think he's twisting things so it fits into the anti social bracket
He was saying that it was aggressive as I was on and off the throttle and brakes... But this is because I was nipping round cars and coming back in if a car came the other way. Also said I wasn't leaving a big enough gap from the car in front but there isnt much of a gap when you pull in from overtaking until you create one?! More I think about it now the more it winds me up! I've been on to Cheshire Police now and have the email address for their 'professional standards dept' so will give them a shout!
If you want me to have a look at the letter before it goes I'm happy to do so. (I'm a lawyer, just in case you didn't know)
There is a grey area when it comes to riding in right hand or left hand only lanes for filtering If you are only just over the white dividing line say quarter in the lane it's ok, in the middle of the lane it's deemed as traveling as intended by markings. Also even if it is completely unmarked the cop has to have some form of police wording on his bike, usually on the inside of screen where sticky tax sit with the warrant card etc
ask for the video evidence and consult a legal advice centre you are allowed to filter aslong as you dont break any other laws
Ah! That would be awesome, thanks! I copied the wording of section 59. Constable in uniform is the interesting bit! SECTION 59Vehicles used in a 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 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.
I was only just over the line, I wasnt 'using' that turning lane. This seemed to be the thing he disliked the most!
Just over the line is perfectly legal as you are filtering in a normal position because you have to be able to view the road ahead and decided to not go in between like a sandwich filling of to lines of traffic.. Call your local main station mate, quote the cops name, and ask for the evidence of anti social etc... Because if he fails to give you the proof, report him to IPCC and make him get suspended for un lawful ticketing
Aggressive riding because your were on the accelerator and the brakes? I know it's good to be smooth but agility and instant power is one of the beauties of a bike. On a bike safe course with the local police I was told to use all the beans to get an overtake done and then slow down as fast as possible back to the speed limit. Which sounds like what you were doing!?
was the line solid or broken if it was solid then you broke the law also were you filtering on the right or left hand side of the traffic
Didn't go over any solid lines, all broken lines and normal overtakes on the right of the traffic. Not even any traffic coming the other way, just went when it was clear
