Plod will be keen to issue your machine with a Section 59 if he manages to catch you 'off-road', and when the vehicle has a couple of these and it is seized.
www.trf.org
Timpo.
I have no issue with the post in respect of the advice however:-
Section 59 is NOT a criminal offence it does not create a criminal recored, and any offences it relates to are RTA offences and not recordable, any prosecution is summary only.
The seizure of vehicles under section 59 is only possible if there is a section 60 notice in force for the area.
extracts:
(1)Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which— .
(a)contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and .
(b)is causing, or is likely to cause, alarm, distress or annoyance to members of the public,
(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).
(3) Those powers are —
(a) power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b) power to seize and remove the motor vehicle;
(c) power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any
premises on which he has reasonable grounds for believing the motor vehicle to be;
(d) power to use reasonable force, if necessary, in the exercise of any power
conferred by any of paragraphs to (a) to (c).
(4) A constable shall not seize a motor vehicle in the exercise of the powers
conferred on him by this section unless —
(a) he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b) it appears to him that the use has continued or been repeated after the warning.
(8)The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.
Now if off roading in areas of London, then possibly a sec 60, out in wilds of country? unlikley, but a simple check of the local old bill will tell you. without sec 60 you can get as many 59's as you like but no constable is able to exercise powers to seize the vehicle.
Also note IS causing or Likley to!!!! very important, NOT has caused. these cant be retrospective, you cant get a 59 because the PCSO said he saw you and then told the constable later, the constable has to witness at the time.
and if a PCSO trys well dont even go there, ALL of the powers etc here are ONLY exercised by a constable in UNIFORM not off duty, not in plain clothes
The powers cannot be exercised unless the driver is BOTH using the vehicle anti-socially AND is committing either the section 3 or the section 34 offence. Someone driving in a way that might be considered anti-social but not committing either of these offences is not liable to having his vehicle seized, nor is someone committing a different motoring offence.
Simply driving off road is NOT sufficient for Section 59 it has to be ANTI-SOCIAL as well.
In addition in order to cause or be likley to cause alarm distress or annoyance to the public there actualy has to be public, if your in a deserted quarry and there is nobody else around then you cant commit the offence.
If the track you are on is private but still a track used by vehicles then no offence either and not covered by 59, if its not a footpath, bridleway or restricted byway, but is a road or tack then its not covered by section 59.
and if you are unlucky enough to get a vehicle seized under the legislation you dont actualy have to prove any thing to get it back, there is a raft of legislation re seizure under 165 and whats required to get it back however for a seizure under section 59 you just go to the pound and pick it up, no requirement to produce, licence, insurance, or logbook, they cant even charge for it as the charging is only for 165 seizures!!! go figure!!!!
and before anyone asks YES I am an expert in vehicle seizures and recovery of vehicles seized.
I like winding you up, that's enough now 
