ASBO warning

[Gerry]

Hi CR :)

Recently, I was issued with an ASBO warning. It was, to my belief, not issued in accordance to government guidelines ;


What the constable should be concerned with is whether the use of the power will lessen the alarm and distress to members of the public. The powers cannot be exercised unless the driver is both using the vehicle in an antisocial manner and is committing either the section 3 or section 34 offence. Someone driving in a way that might be considered antisocial but without reasonable grounds for believing that they are committing either of these statutory offences is not liable to have their vehicle seized. In the same way, someone committing a different motoring offence or indeed an offence under either section 3 or 34 but without any element of antisocial behaviour would not be liable to have their vehicle seized.


reference ; http://www.scotland.gov.uk/Publications/2006/03/01132401/4

. I was not driving in an antisocial manner (ie, revving, wheelspinning etc). Basically I approached a roundabout in 3rd, slowed down into 2nd, crossed the roundabout and accelerated back up to the speed limit (30) then put it into 3rd, which I dont think is ripping the backside out an engine to cause excess noise.

The officers 'reasonable grounds' for believing I was driving anti socially was that I was 'in first gear too long', which is nonsense as I had no reason to be in 1st as I hadnt stopped dead at the roundabout, I was in 2nd gear and 30mph is not high up in the rev range in 2nd.

I think that the officer may have confused antisocial behaviour with an actual chargeable offence (alteration of exhaust system). Which I would have accepted and dealt with and took the fine for :)

What would your advice to me be if I feel that I have been unjustly given an ASBO warning?

[Police Cruise Liaison]

Hi Gerry,

This is the official guidelines in relation to ASBO's which we must adhere to-

A formal warning can be given by a CONSTABLE IN UNIFORM to the driver of a vehicle where there are reasonable grounds to believe that the motor vehicle is being or has been used on any occasion in a manner which:

Contravenes Section 3 of the road Traffic Act 1988 (Careless and inconsiderate driving); or
Section 34 of the Road Traffic Act, 1988 (Prohibition of off-road driving);

AND

Is causing or has caused, or is/was likely to cause, alarm, distress or annoyance to members of the public.

If you feel the ASBO was issued outwith these guidelines, please contact the officer in charge,

Vehicle Recovery Scheme,
7, Chambers Street,
Edinburgh.

Hope this helps.

CR.