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Testimonials

After pleading guilty to a charge of dangerous driving, mainly due to not understanding fully the consequences, I received a letter from the Procurator Fiscal rejecting my plea. I found out I would be liable for a minimum of 12 month ban, and should seek legal advice. After speaking with 2 other firms, both of which were extremely unhelpful (verging on rude), I called Road Traffic Law and spoke with Kirstin Ferguson, who was very helpful and positive about my case. I met her a day later to discuss my case, and she immediately pointed out a few problems with the statement of evidence provided by the Procurator Fiscal. 2 days later she called to advise that after speaking to the PF, my case had been dismissed due to a technicality! Being almost 6 months pregnant and extremely stressed over this situation, I cant believe its actually over and can only stress how helpful Kirstin was in resolving this matter so quickly. I would not hesitate in recommending Road Traffic Law, and Kirstin in particular, to everyone.
, Paisley Sheriff Court
Road Traffic Lawyers

IN-THE-MEDIA

penalty_points

Insurance

I am a taxi driver in Glasgow. I recently started work with a mini cab firm and they asked me to do a shift. The police stopped me in relation to a minor traffic accident and I was asked to provide my insurance to them. My boss now tells me that he did not have insurance for me as I had just started that day!! Will I lose my licence as the police say insurance is “my problem” and I have 3 Penalty points already.

Insurance is normally the responsibility of the driver however the exception to this rule is when an employer asks you to carry out your duties for him, then and only then can you assume that you have insurance and therefore your employer is liable NOT you. This could be difficult depending upon your terms of employment i.e. Does the mini cab owner say you are self employed? I have set out some more information on the section of the Road traffic relating to insurance and would advise you to contact us if you need more assistance. 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 solicitor” 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 into without a considered view.

I bought a new used car and was driving it home believing I was covered by the car salesroom policy. I had test driven it with them and they told me they had insurance. Unfortunately I had a minor accident on the way home and the other driver called the police when I explained the insurance position. After explaining that I thought I was covered the policeman gave me a HORT1 form and told me to get the insurance and take it to their office. The car company later told me that their insurance did not cover me.

This is a strict liability offence which means that in general you have to make sure that you do have insurance before you drive even if that means inspecting the policy. Otherwise you will be liable.

Many people expect to have cover for third party risks from their own insurance company however this is not straight forward and you should always check your policy before using another vehicle.

Expect 6-8 penalty points on your licence or a short period of disqualification. If the car salesroom led you to believe that you were covered under their insurance then you may be able to argue “Special Reasons” to avoid any ban under totting up.

Graham Walker

Graham Walker

Road Traffic Lawyer at RoadTrafficLaw.com
Road Traffic Lawyer: Graham Walker LLb,DipLP,NP

30 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law. Whatever the road traffic law problem is we are sure that we can help you. It may be about speed cameras, Speeding fines, penalty points. Call 0800 612 9597.
Graham Walker
Graham Walker
Graham Walker
Graham Walker

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