KNOW YOUR RIGHTS


Section 151 makes similar provisions for driving licences – meaning if your licence has expired it doesn’t auto- matically mean you’re driving without insurance.


BUT - this is a very complex area. Even if we could successfully argue invalid terms, it doesn’t necessarily mean that the insurance company will pay out if you had a crash. It might accuse you of driving outside of the terms and conditions of your policy and refuse to pay for damages - even though we could avoid penalty points at court.


If you are ever accused of driving without insurance because one of the terms or conditions of your policy is invalid, always seek legal advice. It’s complex.


If it’s an ‘invalid term’ case, when the court summons arrives we enter a not guilty plea and get the matter listed for trial. We would then serve the certificate of insurance and the burden is on the prosecution to prove beyond reasonable doubt that it doesn’t cover you (DPP v Whitaker).


If we win after a trial there are no points or fines endorsed. But if we lose, the fines/costs will signifi- cantly increase and the points would be between 6-8. By taking the matter to court, the matter may be recorded as a conviction.


2. I DIDN’T HAVE AN INSURANCE POLICY AT ALL


If someone doesn’t have a policy covering them, generally they would plead guilty. But if it was a genuine accident they may have a special reasons argument to avoid points.


Section 44(2) Road Traffic Offenders Act 1988 states that the court can decide NOT to give points: “if for special reasons it thinks fit not to do so”.


The main case here is Rennison v Knowler which says it would be a special reason if the driver can show:


• they had a genuine belief that insurance was in existence; and


• this belief was based on reasonable grounds.


This will always be dependent on the facts of the case. Below are a few cases which give a general idea.


DPP v Alma – being misled by a person can amount to a special reason, but it depends on who tells you they are insured, how many times you have met them before, how well you know them. In DPP v Robson it was held that you don’t necessarily have to make enquiries with the owner of the car as long as there have been previous agreements in place.


In Boss v Kingston it was held that perusal of policy PHTM MAY 2024


documents would suggest the defendant is covered and can amount to special reasons, BUT there can be no special reason where the policy wasn’t checked.


There are various other ways of presenting a special reason as well, such as genuine fear of safety (R v Martin), driving a few metres (shortness of distance - Chatters v Burke) or driving for a medical emergency (Warring v Davies).


If we are arguing a special reason we enter a guilty plea and ask for the matter to be listed for a hearing, which you have to attend. If we win a special reasons hearing then no points are endorsed, but whether to impose a fine is at the discretion of the court. The same applies if we lose; fines, costs and points could all incease.


2b. I DIDN’T HAVE AN INSURANCE POLICY AT ALL – BUT I WAS DRIVING FOR WORK


There is one final very specific point to consider - where someone is driving without insurance in the course of their employment. Under s.143(3) RTA 1988:


“A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves-


(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,


(b) that he was using the vehicle in the course of his employment, and


(c) that he neither knew nor had reason to believe that there was not in force … a policy of insurance”


This is very specific to employees who are prosecuted driving work vehicles whilst they are working.


To stay on the right side of the law our advice is always to err on the side of caution and be open and honest with your insurance company, tell them the full details about where you live, the purpose and the use of the vehicle, and how many points are on your licence.


Never allow somebody to drive your car unless you have checked their policy, and always make sure that you regularly check your own policy so that you know what you are covered to do.


As you can see, this is a very complex area of law with many points to consider.


For advice on motoring matters, email advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice


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