Major help needed!

bft999

Newbie
Antisocial Behaviour etc. (Scotland) Act 2004
2004 asp 8Explanatory NotesCommentary on SectionsPart 10Section 126
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Section 126 – Vehicles used in manner causing alarm, distress or annoyance

277.This section gives the police new powers to deal with the antisocial use of motor vehicles on public roads or off-road. It includes (under subsections (1) and (3)) powers to stop and to seize and to remove motor vehicles. This can be done in two cases. First, where such vehicles are being or have been driven off-road contrary to section 34 of the Road Traffic Act 1988. Second, where such vehicles are being or have been driven on the public road or other public place without due care and attention or reasonable consideration for other road users, contrary to section 3 of the 1988 Act (as substituted by section 2 of the Road Traffic Act 1991). A constable must also, in both of these instances, have reasonable grounds for believing that a motor vehicle is being, or has been used, in a manner which is likely to cause alarm, distress or annoyance to members of the public.

278.By virtue of subsection (1)(a), these new police powers will not be exercisable until regulations under section 127 are in force. These regulations, which are subject to negative resolution procedure, concern the removal, retention, release or disposal of motor vehicles seized in accordance with this section.

279.Subsection (3) provides that an officer may enter premises, other than a private dwelling house, for the purpose of exercising these powers.

280.Under subsection (6) it is an offence for a person to fail to stop a vehicle when required to do so by a police officer acting in accordance with this section. The offence is punishable, on summary conviction, by a fine not exceeding level 3 on the standard scale.

281.Subsection (4) requires the officer to warn the person before seizing the vehicle, to enable its antisocial use to be stopped. By virtue of subsection (5), the requirement to give prior warning does not apply where it is impracticable to do so or where a warning has previously been given.


As described above... You are warned and your details are placed on PNC, if you or your vehicle (even driven by another) come to the attention of the police for a similar offence, you are reported to the fiscal and the vehicle is seized.. So in effect he was given an ASBO,

BFT999
 
Is this him, pre-ASBO?

bike.jpg
 

UncleAlbert

War Hero
Antisocial Behaviour etc. (Scotland) Act 2004
2004 asp 8Explanatory NotesCommentary on SectionsPart 10Section 126
Table of ContentsContentExplanatory NotesMore Resources
Open full notes
PreviousExplanatory Notes Table of contentsNext
Plain View Print Options
Section 126 – Vehicles used in manner causing alarm, distress or annoyance

277.This section gives the police new powers to deal with the antisocial use of motor vehicles on public roads or off-road. It includes (under subsections (1) and (3)) powers to stop and to seize and to remove motor vehicles. This can be done in two cases. First, where such vehicles are being or have been driven off-road contrary to section 34 of the Road Traffic Act 1988. Second, where such vehicles are being or have been driven on the public road or other public place without due care and attention or reasonable consideration for other road users, contrary to section 3 of the 1988 Act (as substituted by section 2 of the Road Traffic Act 1991). A constable must also, in both of these instances, have reasonable grounds for believing that a motor vehicle is being, or has been used, in a manner which is likely to cause alarm, distress or annoyance to members of the public.

278.By virtue of subsection (1)(a), these new police powers will not be exercisable until regulations under section 127 are in force. These regulations, which are subject to negative resolution procedure, concern the removal, retention, release or disposal of motor vehicles seized in accordance with this section.

279.Subsection (3) provides that an officer may enter premises, other than a private dwelling house, for the purpose of exercising these powers.

280.Under subsection (6) it is an offence for a person to fail to stop a vehicle when required to do so by a police officer acting in accordance with this section. The offence is punishable, on summary conviction, by a fine not exceeding level 3 on the standard scale.

281.Subsection (4) requires the officer to warn the person before seizing the vehicle, to enable its antisocial use to be stopped. By virtue of subsection (5), the requirement to give prior warning does not apply where it is impracticable to do so or where a warning has previously been given.


As described above... You are warned and your details are placed on PNC, if you or your vehicle (even driven by another) come to the attention of the police for a similar offence, you are reported to the fiscal and the vehicle is seized.. So in effect he was given an ASBO,

BFT999

Just in case anyone missed it.........
 

Waspie

War Hero
Thanks for all your help. This could of happend to anyone

If you are naive enough to ride with a can that will attract plod then who else is to blame. Go out looking for attention and you will get it.

I have looked all over my xaust and nowhere does it say legal. BS kite marking....... but no 'Legal'.

As previously stated - attention seeker. Now go to the naughty corner and behave.
 

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