Insurance Offences

S143 (1) (a) Road Traffic Act 1988

 

It is an offence to use a car, or allow others to use it, without the insurance that satisfies the act whilst on the public highway. Generally, the police are able to check whether insurance covers use of the vehicle by checking the Police National Computer (PNC).

 

However, there may be instance in which it is not clear whether the policy covers use of the vehicle in the particular circumstances. If you plead not guilty after being summonsed with the offence of driving without insurance, and the prosecution is able to prove you drove the vehicle, it will be your responsibility to prove to the Court that you were insured by producing a valid certificate. If you are unable to do so you will be found guilty. The offence carries an endorsement of between 6-8 points and a maximum fine of £5,000.

 

It is a defence if it is proven that an employee drove in the course of their employment having been led to believe by their employer that insurance was in place. Even if there is no defence, it may still be possible to argue that special reasons apply if, for example, insurance has been cancelled through no fault of the person accused of the offence and everything possible was done to ensure that it was in place.