Always
ask a lawyer if you are unsure about any
of the advice and information provided here.
s143.It
is an offence to use (or permit to be used) a motor
vehicle on a road or public place when there is not in
force a relation to the use of the vehicle such a policy
of insurance in respect of third party risks as complies
with the Road Traffic Act.
Road Traffic Act 1988 s143
Often called
"driving without insurance" but the fact is that the
Road Traffic Act states to "USE" a vehicle without
insurance is an offence. The car may be parked or just
sitting in the street and you could be guilty of the
offence.
We have defended a case where a private hire taxi
company had failed to insure one of their
drivers and he was subsequently charged with s143. He
had tendered a guilty plea in absence of representation
however when we met with him we explained that this is
the only exception to the strict liability that this
charge attracts. That is as an employee you can assume
that your employer has insured the vehicle that he asks
you to drive in the course of your work. His guilty plea
was withdrawn, the Crown accepted his not guilty plea
and he lived to drive another day.
The employer would
ultimately be prosecuted in this type of case.
The moral of the
story is "Get
legal advice from a qualified specialist"
No insurance charges
are serious and can attract short periods of
disqualification. They always attract a high penalty
point tariff.
Upon conviction there can be a fine of up to £5,000,
between 6-8 penalty points imposed on the licence and
the court can impose discretionary driving ban. In
Glasgow we have had a spate of short term driving bans
imposed by magistrates who felt that this was entirely
appropriate. In this type of offence significant factors
for the court to consider are:-
1) Was it deliberate
(It is NOT A DEFENCE to say you didn't realise, it had
expired)
2) Was it an error
on your part
3) How likely is it
that it may occur again
Get a lawyer on
board to help persuade the court that a ban is not the
way to go. When consulting with your solicitor make sure
you can explain WHY you ended up driving without
insurance.
What about when I
lend my car to a friend or if I let someone test drive
the car when selling it? It is our view that you have a
responsibility under the Act to examine an insurance
document and satisfy yourself that one is in place
whenever you let another person drive your vehicle.
Sections 165 and 171 of the Road Traffic Act are worth
reading to see how onerous the law can be on this
matter.
However the
prosecution have to prove ‘use’ to secure a conviction
and that the offence took place on a
public road or other
such public place. Not always as simple as it
may sound and it is therefore worthwhile getting a
defence team that is fully aware of the latest cases
relating to the definitions of "use" and "public place"
The Crown do not
need to prove that you knew your insurance had run out.
You need to show you were insured or explain in
mitigation of your guilt why you did not have it.
Even if you think
you have no defence to this charge seek legal advice
before answering the copy complaint. It is too serious
and complex an area to blunder in without a considered
view. |