KNOW YOUR RIGHTS
In this month’s edition we examine the law regarding insur- ance policies and what arguments may be available to those who are accused of driving without insurance. This area is a minefield and every case requires thorough examination by an expert. If you need any advice on motoring matters email
e.patterson@
pattersonlaw.co.uk or for regular updates on road traffic law follow them on
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All too often at Patterson Law we see professional drivers stopped for driving without insurance and simply accepting six penalty points when they may have had an argument to avoid it. Charges of driving without insurance are not as straightforward as people think.
s143 – Road Traffic Act 1988
“A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in re- spect of third party risks.”
So essentially, in order to use a motor vehicle on a road or other public place there must be a minimum of third party insurance cover for the driver/user of that vehicle.
It is important to remember that a vehicle does not necessarily have to be driven; “use” also can be considered to be an offence. The definition of “use” is wide and should be treated on a case by case basis.
“Public place” is also a complicated area and can include private land which has public access. Car parks will more often than not be considered a public place unless the owner of the car park specifically restricts access to the general public.
Generally
An insurance policy covers a particular person or people to drive specific vehicles for certain purposes.
Always check your insurance policy and check the wording so you know who is insured to drive what vehicles and for what purposes. If you are driving a vehicle that is not on the policy, then you may not be covered at all.
Much depends on the policy itself and why the police allege that you are driving without insurance.
Purpose of Journey
We find on a number of occasions the police argue the purpose of the journey is not covered by the policy.
Example – a policy covers the driver for social, domestic, pleasure and commuting but not for business purposes. The driver is de- livering a set of work keys to a colleague.
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The police may argue this is business use, however we would argue this is simply a favour for a colleague, which he is not being paid for, and outside of working hours and therefore not business.
Every case must be examined on its own facts and the purpose of the journey examined.
Invalid Terms
Also consider whether the police allege that your policy has be- come ‘invalid’ or ‘void’ because one of the terms of the policy has been breached.
Example – a driver is covered to drive a vehicle on the basis that he has a full, valid driving licence but his licence has recently ex- pired; or a driver is carrying too many passengers and the police argue that the policy only covers the driver to carry a maximum of four.
These are what are called ‘invalid terms’.
s.151(3) Road Traffic Act 1988: “In deciding…whether a liability is… covered by the terms of a policy…so much of the policy [that] pur- ports to restrict…the insurance of the persons…by reference to the holding by the driver of the vehicle of a licence authorising him to drive it shall be treated as of no effect.”
In more simple terms, this states that if a driver is driving without a licence (for any reason) this cannot be a reason to deny the driver cover.
s.148 Road Traffic Act 1988 lists other terms which cannot be used to deny the driver cover, including the age/condition of the driver, the condition of the vehicle, the number of persons that the vehicle carries, the weight of goods that the vehicle carries, the time/areas in which the vehicle is used, the horsepower/cc/value of the vehi- cle, the carrying of any apparatus.
So should an insurance company refuse to provide cover, or the prosecution argues that cover is not valid for these reasons, then this may be an “invalid term” and for the purposes of a charge of driving without insurance, the driver may still be covered.
Even if it is not an “invalid term” listed above, there may still be an argument. In the case of Adams v Dunn [1947] the court found that as long as a policy is running at the time, as long as it was not cancelled before they were stopped, then it cannot be de- clared “void” and it cannot be said that the policy was invalid from the start.
Importantly the starting point in a case like this is for the defendant to produce the insurance certificate and then the burden switches to the prosecution to prove beyond reasonable doubt that this pol- icy did not cover them to drive. The precedent case is R v Whittaker [2015] where the defendant had a policy covering him for motor trade purposes but was accused of selling DVDs out of his van.
In this case it was held that if the defendant produces a valid policy then the onus shifts to the prosecution to prove that the defendant was using the vehicle in a way not permitted by the insurance cer- tificate - and in this case the burden was on the police to prove that he was selling DVDs – rather than for Mr Whittaker to prove that he was not.
MAY 2019
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