New powers for PLOD!!!!

Discussion in 'General Discussion' started by Sprintmick, Jan 10, 2003.

  1. Sprintmick

    Sprintmick Member

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    Just found this on Autotrader.
    I'm not impressed,are you?



    Boy racers and riders who cause a nuisance to other road users could have their bikes seized by the police when a new law comes into force. The Police Reform Act 2002 gives Plod new powers to confiscate cars and motorcycles on the spot if they are being driven in a way that is deemed inconsiderate, careless, or in a manner that causes alarm, annoyance or distress to the public. The bike or car owner must then pay £105 to get their vehicle back – plus an extra £12 for each day in storage - a bit of a bargain for parking in central London. If the vehicle isn’t claimed after 21 days, police can sell or scrap it without further notice.
    :crazy:
     
  2. GrahamC230K

    GrahamC230K MB Club Veteran

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    Well, if it is used in a proper context, I suppose it's a good idea.

    If used out of context, believe me there are Baristers out there who will make the officer(s) in question sorry!


    I hope my days of being in the realms of this behaviour are long gone.
     
  3. V12

    V12 MB Club Veteran

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    have heard loads of opinions on this, and i have come to the conclusion it is a good idea.

    they aint gonna take your vehicle unless you are being a right wally, and if they do, you flippin' well deserve it!!

    ;)
     
  4. VikJ

    VikJ Hardcore MB Enthusiast

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    They should do the same with Tax and Insurance dodgers and charge a heck of a lot more than £105 to get it back.



    2000, C200 Sport Tiptronic
     
  5. Guy

    Guy Hardcore MB Enthusiast

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    Like Sprintmick, I was not impressed at all!

    OK, (very) boring lawyer bit - :confused:

    I just looked this up, because I couldn't believe that the Act could give police the power to confiscate a car purely for driving without due care and attention.

    In fact, it doesn't.

    Autotrader have (probably) taken the passage quoted by Sprintmick from the Home Office Summary of the new act, and the HO summary is WRONG.

    The Act has AND instead of the OR above:

    - so before your car can be confiscated, your driving has to careless or inconsiderate, AND causing, or likely to cause, alarm, distress or annoyance to members of the public.

    I have restrained myself from giving you links to the Act and the HO website. :)

    All those still awake, collect 4 :bannana: :bannana: :bannana: :bannana:
     
  6. Koolvin

    Koolvin Administrator Staff Member

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    hmmmm
     
  7. V12

    V12 MB Club Veteran

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    Well pointed out, and noted.

    But as we are all mercedes drivers here, there is no need to get worked up as we do not drive bad and will not be at threat of having our car confiscated, due to our un-rivalled driving abilities ;)
     
  8. OP
    OP
    Sprintmick

    Sprintmick Member

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    Please don't get me wrong but IMO this new law would /could be open to abuse by some officers of the law.Speeding for one could come under the new law as drving without due care & attention to other road users etc. Causing stress etc,and so it could go on. Its your word against theirs & if you are on your own & there's two of them who's word would the courts take. I'm not very good with words,but hope that you understand what could happen with this new law. After all i would say that most of us speed at times if we were to admit it.


    Mike
     
  9. V12

    V12 MB Club Veteran

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    I know there is no definition on what a 'boy racer' is, but this indicates the kind of people they will be looking out for.

    When this law was in the progressive pipeline, it was aimed and still is at cruises and other such events and specifically at the illegal street racing that such events cause.

    Your point is very valid, and it will just be a matter of time to see/hear how the police are gonna handle this law.

    IMHO i dont think it will be that major, i'm sure most police will only use it as a last resort...

    Cue Dave... ;)
     
  10. Dave Elcome

    Dave Elcome Hardcore MB Enthusiast

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    We would need a bl**dy big car park to store all the Corsa's, if they implement the law and we use it in Maidstone.:bannana: :bannana:
     
  11. Flip

    Flip Hardcore MB Enthusiast

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    Well...

    Any increase in the power of the state has a corresponding reduction in the freedom of the individual, so this DOES potentially reduce my freedom.

    However. It is the arguement of the guilty that their "Human Rights" have been abused (the last-ditch attempt to get off an offence they have committed) (Is that right Guy?!). - The Human Rights Act can be used as a shield against prosecution OR a sword against abuses by the state.

    No doubt this new power will be "tested" (as is any legislation), and there will be "mis-interpretations" by cops, but with a bit of of case-law, and hopefully some clear guidance from the Home Office, this has the potential to do A LOT of good...

    I would be prepared to argue that driving to a standard that "...falls below the standard expected of a carefull and competant driver..." whilst uninsured (that causes "harrassment, alarm and distress") would be a good case for forfeiture.

    As would driving at 50mph in a 30mph limit, past a school at kicking-out time.

    I think this is, on balance, a good thing.

    I suspect that the work of Dave Elcome and Guy will find appropriate "working limits". The decent, non-criminal, majority have the chance to benefit.

    I suspect Spintmick Guy Dave and the rest of us would agree for the most part on examples where this would be great.

    The druggie who uses their uninsured heap to speed from one shop-lifting trip to the next and on to their dealer to score should suffer.

    And if over-testosteroned 17 year olds know they risk losing their Nova SRi, maybe there will be a useful deterent there too.


    And I will be setting up as a Vehicle Recovery Agent on Monday.:D
     
    Last edited: Jan 10, 2003
  12. Guy

    Guy Hardcore MB Enthusiast

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    It is the argument of the accused in fact.

    Some of them may not be guilty :rolleyes:

    How's that for a lawyer's answer? ;) :)
     
  13. Flip

    Flip Hardcore MB Enthusiast

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    LOL

    Of course.

    Being found "Not Guilty" doen't mean they didn't do it, just that it could not be proved "beyond resonable doubt".

    Guy - Are you a Criminal "Beyond Resonable Doubt" Lawyer, or a Civil "In the balance of Probabilities" chap?


    Heh heh
     
  14. Guy

    Guy Hardcore MB Enthusiast

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    Criminal only... [​IMG]
     
  15. fuzzer

    fuzzer MB Club Veteran

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    No where did we ask about your fees guy :p


    lol
     
  16. Guy

    Guy Hardcore MB Enthusiast

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    Nice one fuzzer - lol :D





    2.43 am - still working on the bill... :p
     
  17. Brian WH

    Brian WH MB Club Veteran

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    He doesn't charge his Mates:rolleyes:

    Do you Guy.:bannana: :bannana:
     
  18. Guy

    Guy Hardcore MB Enthusiast

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    Thanks Brian!

    Us lawyers aren't used to having mates :p
     
  19. Mike Buley

    Mike Buley Member

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    Police powers

    Our Lawyer friend is correct.
    Here we go, please stay awake.....
    I am a Police Officer, and wholly agree with stopping people who drive without any insurance/mot etc etc.
    I have attended many Road traffic Collisions, some with quite snotty endings. Of these a minority are by some who drive dangerously / without due care.
    My personal view is that any collegue of mine would not like to confiscate a car "Because they can" and indeed there is no law which states that they can do so.
    The judicial system believe it or not is pretty good. Anyone who has been proved to have been a complete danger should be off the road anyway.
    Mike.
    PS I am not a traffic officer.........:bannana:
     
  20. Mark300SL

    Mark300SL 1962-2010. Gone, but not forgotten.

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    Hi Mike and welcome :)

    Why is it that our 2 Coppers like 300TE's ????

    I'm seriously considering a 300 coupe for my next turbo project! - but the 300TE could make a seriously quick support wagon for my cabriolet next year - as long as I dont get mistaken for old bill !


    Mark
     
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