DRIVING SKILLS ASSESSMENT – INSURANCE PROBLEMS


Another worrying issue has been brought to our attention. A well known provider of this required document, Blue Lamp Trust, cannot and will not perform the assessment, since it is their view that the vehicle is not insured for the purpose of the test. They also state that this has been confirmed by insurers, in which case, they are absolutely correct not to continue.


BUT WHERE DOES THAT LEAVE THE APPLICANT AND HOW WIDESPREAD IS THIS ISSUE?


We are aware that Eastleigh Borough Council require this assessment and have approved Blue Lamp Trust to undertake it. We are also aware that the licensing role for Eastleigh has been taken over by another local authority, but we are unsure how many other local authorities have encountered this issue at the time of going to press. This is a huge concern, since if this is indeed the case, as has been confirmed by AXA and AVIVA Insurance, then many such tests conducted so far, with either of those two insurers, must be rendered invalid, since the vehicle and driv- er may not have been insured at the time of the assessment.


THE OPINIONS OF INSURANCE BODIES


We have checked with BP Insurance Brokers, who assure us that the insurance should indeed be valid, as it would be for “any other purpose” and therefore be social, domestic and pleasure. They go further to explain: “There isn’t such a thing as assessment cover. It is not a driving test so tuition cover would not be correct, but the applicant is not doing H&R either, so the cover is not correct for that. Business use as well wouldn’t be correct as the applicant isn’t using the vehicle for going to more than one place of work.”


AXA AND AVIVA POLICY - THEY STATED:


“We are unable to provide cover for the purchase of a Blue Lamp Trust test. Our criteria states: (a) Use for social, domestic or pleasure purposes. (b) Use for travel to and from a place of paid employment. (c) Use by the Policyholder in connection with the occupation of the Policyholder.


The exclusion they relied on in order to refuse to insure was: (b) Use for any competitions, trial, performance test, race, or trial of speed, including off road events whether between motor vehicles or otherwise, and irrespective of whether this takes place on any circuit or track, formed or otherwise and regardless of any statutory authorisation of any such event.


JANUARY 2022


Now common sense would suggest that if you were to drag race a vehicle during the test, you would fail, so that does not apply here whether as alleged or at all.


A LEARNER DRIVER IS COVERED – A FULL UK LICENCE HOLDER IS NOT?


They went further to suggest that if the driver was a learner driver on a practical driving test, then they would be covered. That doesn’t make sense either, since in the main, a learner driver would be using a driving school vehicle, and would not have their own policy for the vehicle, although we do accept that there are exceptions to this.


IS THIS LEGAL?


There have been various cases on insurance matters, although they are not directly related to the specific issue here - namely the underwriters’ definition of social, domestic and pleasure, or how a simple driver assessment on a main carriageway for a new applicant can possibly be classed as racing or speed testing a vehicle - and therefore be defined as exclusion (b) above. There is however within these cases clear reference which states that: “just because a policy was voidable, the fact that it had not been made void prior to the event means it remains valid.”


SO WHATS THE ANSWER?


As it stands right now, there is no clear answer to this conun- drum. It is clear however, that until this matter is resolved by the local authorities, any requirement to undergo such a driver assessment through any third-party company, as opposed to a driving school, must be suspended.


Driver assessments can be - and indeed for many local authorities are - undertaken by approved local driving instructors. This overcomes the obstacle as mostly such assessments are performed using the driving instructors’ vehicles, which come with their own insurance cover.


If this was to go to a legal challenge, then the licensing authority in question must challenge it, as it must not fall to a new driver applicant to do so to satisfy a council require- ment. Remember, they are already a full UK licence holder.


NPHTA: FIGHTING FOR OUR TRADE - JOIN NOW!


Article by David Lawrie, Director NPHTA 0161 2802800


www.nphta.co.uk 37


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