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Gross Abuse of Police Power and ASBOs
On Saturday 24th November Kev was riding from Chopwell to Rowlands Gill in Tyne & Wear [Northumbria Police area]. The police were having one of their regular ‘crack downs’ in High Spen (possibly the quietest village for miles around) with mobile police station set up in the Bute Arms car park.
Kev is followed by a police car down the main road towards Rowlands Gill and when he turns off into ma and pa's estate the car follows. This estate is a 20 zone. He turns left, then across a crossroads and around a tight right hand bend where there's a maybe 200yard straight section before a blind summit. It's on this section that he takes his left (obviously) hand off the handlebars and wipes the rain off his visor. This is when the police car pulls him over.
He's asked if it's his bike and if he has a full licence to which Kev replied yes and no just his CBT (it’s a 125 trail bike with L plates less than a year old). He's asked where he lives to which Kev gives 3 addresses. His naval base, his parents where he's currently registered as living and the address of the flat he's in the process of moving into.
The officer then tells him that he's been pulled over for dangerous driving and when asked states that this was because he'd removed his hand from the handlebars while in motion. He also states that for this offence he could get 6 points on his licence and up to a £2000 fine.
This is the point copper no. 2 gets out of the car and suggests that they 'Let him off' with a Section 59 Order and explain that if he's caught 'offending' again within 12 months his bike will be confiscated and only released when a fee has been paid (£105?) and if he's breaches the order again his bike will be crushed. Anyway not being used to dealing with the police he signed the order and went on his way.
David Short’s response:
“This seems a most bizarre and totally disproportionate application of the anti social behaviour legislation. What we are finding is that some cops are using the anti social behaviour legislation which has a much lower standard of proof than the criminal law. In any case the legislation is not correct for the circumstances you describe. If your brother was doing something wrong then they should report him for summons and be prepared to stand their ground in a court of law. If as I suspect they haven’t got a hope in hell of securing any form of conviction they have tried to use this as a means of exerting authority, in a totally inappropriate way. In short they should put up or shut up!
“My advice would be to submit a complaint against police for 'abuse of authority' and see what happens.”
“As I am sure you appreciate I am not a solicitor (though I was a police officer for 31 years, ending up as a Chief Superintendent and could probably lose and find some solicitors), and therefore I cannot guarantee that my advice would stand on its own merits. However if the circumstances are as you describe I think you have a very good case to have the Section 59 order withdrawn together with an apology from the police force concerned. Good luck and keep me posted, I am sure the motorcycle media would love to hear of the outcome.”
Another response: “Ridiculous you can have a day time mot for a motorcycle which is not fitted with lights or indicators so to indicate your intention to turn left or right you can only use your hands to do this. Also older bikes did not have any indicators fitted any way. In the police motorcycle training manual you are encouraged to use your right arm to reinforce a right turn signal in an unclear situation or to reinforce brake lights. [Page 113 of The Police Rider’s Handbook to Better Motorcycling]. They need their butts kicking, obviously not bikers.
Derek, ROSPA, IAM, BMF, DAS, DSA, Advanced Instructor & Examiner.
To be honest people like that should not be in the job!!!!!!!!!!!
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