Just been given my 1st Section 59 For Going over 3k revs?

Soldato
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That's...so......awful!! Now I understand why the policeman gave you the S89 :p

A45 is not on my future car list anymore now.

Majority of turbo cars at around that age pop and bang. It was a thing. Has been reduced massively due to requirement for petrol particulate filter now but some still manage to get it.

Golfs, Hyundai's, BMW's, mercs etc all farted.. but it's mostly seen in the German cars.
 
Associate
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might add my input,

first off i drive a type r with a k+n intake and hks exhaust, (loud)

something similar happened to me, the difference is i was being a knob (admittedly) exiting a roundabout in fist gear, topped out at 40mph (speed limit) passed the fuzzies on the opposite side of the road, they followed me to work.
similar story, claimed i was speeding at 55mph, i explained 1st gear takes me to 40mph, i would have to be in second gear which takes me to 60mph. he instantly dismissed that and asked me ALL the questions, where's the car kept, address, registered keeper, tax, valid mot, when did i buy the car ect, then they asked me about mods, of course i told them what i had on the car. and they failed to find anything on me, however i was polite and calm, took them seriously. the threatened me with anti social behaviour, of which i apologised and they let me on my way.

if you buy a loud fast car, expect that you will be looked at more, you pay to play.

being a bus driver, driving 50+ hours a week on the road, i see 1 in 10 cars average that are fast or "modified" and most of them drive like knobs. although in my area in Guildford, i see a lot of civic ep3's and they're obnoxiously loud doing 60mph+ on 30mph roads.

loud cars attract attentions, i rarely see amg 45's on the road, so if the police were to see you accelerating in the manner i did, they should rightly pull you over, regardless of the speed limit.

i see it the other day, I'm stopped at a narrow "T" junction in a double decker bus, cars parked on the left hand side, i had to take the opposite lane to get round this sharp corner, there are 2 cars on the left of the "T" junction indicating to come into the junction, and a car coming down the hill from the right of the "T" junction. this white estate Mercedes overtakes the indicating cars almost hits the oncoming traffic and then almost crashes into my bus, he claimed he didn't see the indicating cars. the real reason was because he was driving like a knob, and almost cause thousands of pounds of damage.

moral of the story is speed kills. i *own a type r, know your limits.

edited to correct my typos.*
 
Associate
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I own an A45 and can confirm that going down a steep hill as I live at the top of a hill it can crackle at just over 1000 rpm. By taking your foot off the accelerator this happens so I would be calling the police action BS. My car is standard used to happen on my Subaru as well.
 
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My sympathies chap. I'm not really sure what you can do. Not sure if cop cars all have dash cam footage these days, but could that be used to your defence? Indeed, maybe you could invest in your own gear for future such events to prove innocence?

I used to get pulled by Police when in my Civic R back in the day. The old classic of 1st gear exiting roundabouts at 8-9k RPM. They didn't think it was appropriate, which it probably wasn't. Luckily nothing ever seem to come of it for me.

Those days are well behind me now though thankfully. Good old family diesel auto just isn't capable of that level excitement I'm afraid
 
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Whilst I understand why Section 59 was introduced, it seems that it can be used as a catch-all, when other more conventional or specific offences do not apply or cannot be proved.

...reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 or section 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving) and is causing, or is likely to cause alarm, distress or annoyance to members of the public...

I'd say that's quite broad in the context of a motoring offence - particularly when it seems that the "AND" statement ("and is causing") seems to be commonly applied as an "OR" statement.

We can't prove you were speeding, or carelessly, or dangerously, or otherwise doing something not in accordance with the law - but we didn't like it, so have a Section 59.

Just to point out that I'm generally pro-Police; but this sort of wide brush stroke punishment being available makes me a bit uncomfortable.
 
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Whilst I understand why Section 59 was introduced, it seems that it can be used as a catch-all, when other more conventional or specific offences do not apply or cannot be proved.



I'd say that's quite broad in the context of a motoring offence - particularly when it seems that the "AND" statement ("and is causing") seems to be commonly applied as an "OR" statement.

We can't prove you were speeding, or carelessly, or dangerously, or otherwise doing something not in accordance with the law - but we didn't like it, so have a Section 59.

Just to point out that I'm generally pro-Police; but this sort of wide brush stroke punishment being available makes me a bit uncomfortable.


I am in total agreement, if the police officer is having a bad day or is generally anti-car or jealous type, they can pull you because your car sounds fast, but when they cannot prove or have no evidence of you speeding and after checking your car its all totally road safe and legal, they can still pull this section 59 out the bag and just say your car is scary even if it is totally standard. It seems very open for abuse of power.

Myself or anyone could be say driving along in a stock Range Rover SVR, accelerating gently with the exhaust flaps open middle of the day, driving safely and fine but the policer officer can pull you over and issue a section 59 because the factory exhaust is deemed too loud? That just seems wrong to me and abuse of power, but a factory Range Rover SVR or F-Type V6/V8 is a lot louder than an A45 Mercedes when you come off the throttle even from not accelerating that hard, it seems this officer in question would be giving section 59's to owners of such cars even though they did absolutely nothing wrong.

Still having never been pulled by the Police and my cars are generally very loud, V8's does make me somewhat think the OP was maybe driving like a prat to get attention, if the OP is totally innocent then this section 59 is just open to abuse of power and should only be allowed to be issued is the officer issuing has evidence.
 
Soldato
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Whilst I understand why Section 59 was introduced, it seems that it can be used as a catch-all, when other more conventional or specific offences do not apply or cannot be proved.



I'd say that's quite broad in the context of a motoring offence - particularly when it seems that the "AND" statement ("and is causing") seems to be commonly applied as an "OR" statement.

We can't prove you were speeding, or carelessly, or dangerously, or otherwise doing something not in accordance with the law - but we didn't like it, so have a Section 59.

Just to point out that I'm generally pro-Police; but this sort of wide brush stroke punishment being available makes me a bit uncomfortable.
Being a police officer is a vocation rather than a job, so you hope by giving them enabling powers they will use them appropriately. Most of the officers I know will lean towards a slap on the wrist as it avoids the paperwork, but it all depends on an "attitude test". Ask an officer about the attitude test and you'll see why a "yes sir, no sir" attitude is favorable if you stomach swallowing your pride and looking up to authority for a brief moment or two.

Arguing whether they were used appropriately or inappropriately in this case is tricky as OP has a track record of giving enough clues that he likely wasn't "just making good progress".

Conversely, imagine if police needed the level of evidence beyond reasonable doubt for such a trivial offence. It'd tie courts and police time up when it is just meant to be a slap. S59 possibly does go a bit far given it stays with the car(?) I believe?

Edit: I imagine saying "that is how it sounds from the factory" is also not going to pass the attitude test, either. Especially if you know in that scenario you were potentially giving it a bit too much beans.
 
Man of Honour
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I mean, if you're caning round housing estates every Saturday night with a massive exhaust banging away then sure, S59 is perfectly appropriate and probably the correct thing to go with.

But "You accelerated fast up that dual carriageway" doesn't sound so appropriate.

My neighbour has got a VXR Monaro, and the noise it makes on overrun is pretty staggering - every time he leaves the cul de sac it sounds like someone is testing a whoopie cushion through a megaphone. But is it S59-worthy? Nah.
 
Soldato
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I mean, if you're caning round housing estates every Saturday night with a massive exhaust banging away then sure, S59 is perfectly appropriate and probably the correct thing to go with.

But "You accelerated fast up that dual carriageway" doesn't sound so appropriate.

My neighbour has got a VXR Monaro, and the noise it makes on overrun is pretty staggering - every time he leaves the cul de sac it sounds like someone is testing a whoopie cushion through a megaphone. But is it S59-worthy? Nah.
I imagine for the officer to be arsed to write up a S59 it was a lot more than accelerating fast up the dualy.
 
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I mean, if you're caning round housing estates every Saturday night with a massive exhaust banging away then sure, S59 is perfectly appropriate and probably the correct thing to go with.

But "You accelerated fast up that dual carriageway" doesn't sound so appropriate.

My neighbour has got a VXR Monaro, and the noise it makes on overrun is pretty staggering - every time he leaves the cul de sac it sounds like someone is testing a whoopie cushion through a megaphone. But is it S59-worthy? Nah.

Agreed, your supposed to also accelerate onto a dual carriage way to the speed limit so you can merge safely and if you car happens to make a whole load of noise accelerating half throttle, or even full throttle to get upto the speed limit why on earth should that be in any way illegal, its far safer than joining a 40mph or 60mph dual carriage way at half the speed of the traffic on the road because you did not accelerate. In fact the people who don't accelerate on slip roads and then stop at the end is extremely dangerous.

I will be driving around in a Corvette soon hopefully that needs lots of throttle to even move because its near 6l V8 engine has like no power so needs a good prod to move but in doing so will make a lot of noise, will that be deemed worthy of an S59?

Don't like it at all, next they will be giving these to Tesla owners because they went 0-30mph in 1s, so they will issue one because the police officer in the Panda deemed you accelerated too fast, but to the owner of the Tesla that is just normal, where is the line drawn. It seems to me like its a law to be confined to boy racers boucning of their limiters in housing estates and car parks, where it is needed and it most certainly should not be been used to punish drivers in day to day driving on the road and especially on dual carriage ways and motorways.
 
Soldato
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This thread would have been much better had the OP had a dash cam, and just posted the footage so we could have actually seen/heard what happened. A written account will never be accurate when told from one side.
 

mjt

mjt

Soldato
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This thread would have been much better had the OP had a dash cam, and just posted the footage so we could have actually seen/heard what happened. A written account will never be accurate when told from one side.
Honestly, even if it did nail it off the lights in first, wgaf? It's not illegal.

I nail my i3 off the lights on a dual carriageway every single time. Why? Because I can.
I also then proceed to tailgate every **** who dawdles. Why? Because BMW.
 
Associate
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Still having never been pulled by the Police and my cars are generally very loud, V8's does make me somewhat think the OP was maybe driving like a prat to get attention, if the OP is totally innocent then this section 59 is just open to abuse of power and should only be allowed to be issued is the officer issuing has evidence.
I wish I was driving like a prat, in that scenario the S59 would feel justified and I would have taken it on the chin and not even posted a thread or thought anything of it. It's the fact I got a S59 for something as trivial as accelerating on to a dual carriageway. That's what has frustrated me.

This thread would have been much better had the OP had a dash cam, and just posted the footage so we could have actually seen/heard what happened. A written account will never be accurate when told from one side.
I will be installing a dashcam moving forward so I will at least have evidence to defend myself with.
 
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I got done for having an excessively loud exhaust once. And yes it was loud but it wasn’t something I did the car came like it. So I was quite annoyed and gave the officer plenty of stick because he was in the wrong. Firstly I said you can’t tell me this exhaust is louder than a brand new Harley Davidson, yes it is so I said no it ain’t besides how can you prosecute someone based on your opinion when sound is measurable like speed. Well in my opinion it’s excessively loud here’s your ticket.

Like I said it was loud but no louder than many other vehicles and cops just stank of I’m the law your a citizen what I say goes.

That was many years ago and now whenever I hear a loud exhaust I just think chav because most of them sound horrendous these days. Especially these pop bang maps or whatever it is, which sound great to a 17 year old but make you look like a divvy to anyone older.
 
Soldato
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I will be installing a dashcam moving forward so I will at least have evidence to defend myself with.

This is a good choice is such a 'obvious' vehicle. There will always be times when you get singled out, and were not in the wrong, or maybe in your opinion you weren't, but the representative of the establishment thought otherwise. Having something to back you up, or perhaps re-watch and re-evaluate before you seek a rectification on the accusation and penalty is always beneficial.
 
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