CityCyclingEdinburgh Forum » General Edinburgh

Vehicle ASBO's - is this true?

(8 posts)
  • Started 10 years ago by Fountainbridge
  • Latest reply from Lezzles

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  1. Fountainbridge
    Member

    I was told this story by a police man a few years ago. Can anybody confirm if it is true? Might be a way of doing something about parking on pavements, bus lanes etc

    If one person makes an official complaint to the police about a car being driven "anti socially", that car can be issued with a stage one ASBO. Should a further two independent witnesses make a complaint about the car a stage two ASBO can be issued, which could mean the car being removed from the owner.

    True / partially true / false

    Posted 10 years ago #

  2. Wilmington's Cow
    Member

    Interesting. Doing a bit of research and appears to be true. Must look into this some more.

    Posted 10 years ago #

  3. Wilmington's Cow
    Member

    The police would still need proof of course, so would require a bit more than just phoning up and saying a car has been driven anti-socially. But definitely an interesting idea.

    Posted 10 years ago #

  4. twq
    Member

    I supplied the police with a video of dangerous driving (in my view!) - police said it was clearly bad driving and they could issue an ASBO. However it was a company car, so the driver could not be identified without a criminal case being implemented.
    So yes, they do exist.

    Posted 10 years ago #

  5. Lezzles
    Member

    My partner is a police officer and yes you can issue ASBOs for cars i.e the ASBO is issued to the owner. Generally he's issued them for noise complaints but that doesn't mean they wouldn't do it for other reasons.

    Posted 10 years ago #

  6. Stickman
    Member

    " Generally he's issued them...."

    I thought ASBOs were issued by the court?

    Posted 10 years ago #

  7. slowcoach
    Member

    these are not really the same as ASBOs, but use powers under ASB legislation: "a constable in uniform may ... where the constable has reasonable grounds for believing that a motor vehicle—
    (a)is being used on any occasion in a manner which—
    (i)contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving); and
    (ii)is causing, or is likely to cause, alarm, distress or annoyance to members of the public; or
    (b)has been used on any occasion in a manner which—
    (i)contravened either of those sections of that Act; and
    (ii)caused, or was likely to cause, such alarm, distress or annoyance.
    ... seize and remove the motor vehicle..."

    Posted 10 years ago #

  8. Lezzles
    Member

    Well yes no officer is an island etc etc. But the officer starts the paperwork trial. Same with arrests. The officer makes the arrest and starts the paperwork trial.

    Posted 10 years ago #

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