25/10/2026
Borrowed from another page..... S59 — HOW DO YOU CHALLENGE IT ON THE SPOT?
We've all been there.
Filtering through traffic and we give a little blip of the throttle to A) let other road users know we're there, or B) encourage someone to move over a smidge so we can pop the bike through.
Unfortunately, PC What's-his-chops is in the mood to assert his authority, and you've now got blue lights in your mirrors.
Maybe he follows you for just a spell yonder, observing your riding and gathering his points to prove before finally pulling you over.
Now, having a blazing row by the side of the road is only natural when you believe you've done bu**er all wrong.
Especially when you've had a hard day at work, just want to get home, you're in road-survival mode or you're absolutely busting for a slash.
Most bikers want to make progress when we ride.
But losing your rag with Captain Cashpoint isn't going to help matters, especially now that a warning is no longer required before a Section 59 seizure.
And if the officer decides your bike is going, that's a horrible position to find yourself in.
Watching your pride and joy disappear on the back of a recovery truck can give you the SAME sick feeling as having your motorcycle stolen.
BUT WHAT IF THAT COPPER GETS IT WRONG?
That's the most prevalent question I've got now.
What happens if the officer won't look at your evidence, won't reconsider their decision and simply waits for the recovery truck to arrive?
After all, you've just questioned their judgement.
And I can imagine some officers aren't particularly keen on being told they've got something wrong by the very person they're pulling over.
Well, here's the thing.
We live in a world where we evidence EVERYTHING!
Helmet cameras, dashcams, tracking apps, this, that and the other.
But all that evidence is pretty bloody useless at the roadside if nobody is prepared to look at it before your bike disappears.
Now, I've seen post upon post, story upon story, explaining what powers the police now have under Section 59.
BUT ABSOLUTELY F*CK ALL ABOUT WHAT HAPPENS WHEN THEY GET IT WRONG!
Where is the immediate independent scrutiny?
What happens if you have evidence contradicting the officer's account?
And if the seizure turns out to have been unjustified, who's picking up the bill?
Interestingly, Kent Police's own July 2026 policy says an officer considering a Section 59 seizure must obtain prior authorisation from a sergeant.
A SERGEANT!
That's Kent's policy, not an automatic legal right to demand a senior officer at every roadside stop in England and Wales.
But it raises a bloody good question.
WHAT PROCEDURE DOES YOUR POLICE FORCE HAVE IN PLACE TO CHECK THE OFFICER HAS GOT IT RIGHT?
Because there's that word again.
ALLEGED.
Now, under Section 59, an officer needs reasonable grounds to believe the relevant road traffic offence occurred AND that the use of the vehicle caused, or was likely to cause, alarm, distress or annoyance.
They don't need a court conviction before seizure.
And that's exactly why I think getting the original decision right is so bloody important.
Before I continue, let's not start behaving like those auditors who deliberately wind up police officers just to get a few thousand views on YouTube.
I have A LOT of respect for the police.
Individual officers have helped me enormously over the years recovering stolen motorcycles, and I'll always appreciate that.
But respect works both ways.
And if an officer intends to use Section 59 to take my motorcycle, I'd certainly want some answers.
HERE'S WHAT I'D BE ASKING AT THE ROADSIDE:
Where exactly did this alleged incident happen, and what time?
What specifically are you alleging I did wrong?
Which offence are you relying on — careless or inconsiderate driving, or prohibited off-road use?
What are your grounds for believing my riding caused, or was likely to cause, alarm, distress or annoyance?
What evidence are you relying on? Your own observations? Another officer? A member of the public? Camera footage?
Why did you follow me for that length of time before stopping me? What exactly did you observe?
I've got footage of my riding. Are you prepared to look at it before deciding whether to seize my motorcycle?
Has a supervising officer authorised this seizure? Does your force policy require that? Can a sergeant review the decision before the bike is removed?
Are your body-worn camera and vehicle cameras recording, and how can I request that any footage is preserved?
If you're still seizing my motorcycle, what's the seizure reference, where is it being taken and which recovery company is collecting it?
What are the actual deadlines for claiming and collecting my bike? Can you confirm the relevant seven-calendar-day periods and tell me where to obtain the recovery and storage charges?
If this seizure is subsequently found to be unjustified, how do I challenge the charges and request my money back?
Before the recovery truck takes it, can I photograph the bike's condition, mileage and any existing damage, provided it's safe to do so?
And finally, my personal favourite...
I'D LIKE A SECOND OPINION FROM A SENIOR OFFICER BEFORE MY MOTORCYCLE IS TAKEN.
Now, I appreciate requesting one doesn't mean the officer is legally obliged to wait for a sergeant to arrive.
But I'd still bloody well ask!
And I'd want my request recorded.
Because if it all goes pear-shaped, that conversation could become rather important later.
One final thing.
SEVEN CALENDAR DAYS DOESN'T MEAN EVERY BIKE IS AUTOMATICALLY CRUSHED SEVEN DAYS AFTER SEIZURE.
There are separate legal periods for seizure notices, claiming the vehicle and subsequently collecting it.
But if your motorcycle gets taken, don't sit on your arse waiting for a complaint to be resolved.
Find out your actual deadlines and get the recovery process moving while you challenge the seizure.
And for God's sake, don't start obstructing the officer or refusing lawful instructions. You can question a decision without making a bad situation considerably worse.
I'm sure there are plenty more questions we could ask to make this entire process accountable.
And if somebody can point me towards legislation, force policy or an official procedure dealing specifically with what happens when a Section 59 seizure is wrong, PLEASE SHARE IT WITH THE COMMUNITY.
I'd particularly like to hear from serving traffic officers.
What happens when somebody challenges your grounds at the roadside?
Can another officer reconsider the decision?
And what happens when you've genuinely made a mistake?
This is all just my opinion and a fact-finding exercise.
Because I think bikers deserve to understand BOTH sides of the law.
Not just what powers the police have.
BUT WHAT PROTECTION WE HAVE IF THOSE POWERS ARE USED INCORRECTLY.
