Getting caught driving without a licence

moonrakerz

Mathew wrote: »

Will prob attract a penalty of 3-6 points and a fine (max £1000).

TonyMMM wrote: »

will get her 6 points and a large fine.

Quentin wrote: »

which is 6-8 points and a fine.

Hammyman wrote: »

She will get up to 12 points

sebring wrote: »

the offender will receive £100 fine and 3 points

I do like the consistency in the replies :D

Lincoln_Imp

Go on admit it ,you know you want to
It was you wasnt it ?

joanne_d_3

Well......(and this is a TRUE post).......

My friend , owns a car , has a PROVISIONAL licence , insurance on the car BUT NO ROAD TAX ......she was caught around 6 months ago driving the car without a full licence holder sitting with her .

In the time between getting caught and receiving her summons which was probably somewhere around 6 months , she had taken and passed her test.....

She was up in court a few weeks back and all she got was a £150 fine and her licence suspended for ONE WEEK !!!

No points at all on her licence !

To be honest i found this hard to believe when she told me but i assure you it IS true.

Seems it was something to do wit hthe fact that by the time she appeared in court she held a full licence

vaio

The insurance is the big one and will probably attract 6 points and a sizable fine for both of them. The licence is less so, probably 3 points and a small fine.

One very important point to check, if she is either a named driver on his policy or has the DOC extension on a policy of her own then, the way I read it, S151(3) of the Road Traffic Act prevents insurance companies getting out of third party claims because of licence irregularities

In deciding for the purposes of subsection (2) above whether a liability is or would be covered by the terms of a policy or security, so much of the policy or security as purports to restrict, as the case may be, the insurance of the persons insured by the policy or the operation of the security 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.

If that is the case then she was actually insured and obviously the BF is also not guilty of any insurance offence.

raskazz

vaio wrote: »

The insurance is the big one and will probably attract 6 points and a sizable fine for both of them. The licence is less so, probably 3 points and a small fine.

One very important point to check, if she is either a named driver on his policy or has the DOC extension on a policy of her own then, the way I read it, S151(3) of the Road Traffic Act prevents insurance companies getting out of third party claims because of licence irregularities

In deciding for the purposes of subsection (2) above whether a liability is or would be covered by the terms of a policy or security, so much of the policy or security as purports to restrict, as the case may be, the insurance of the persons insured by the policy or the operation of the security 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.

If that is the case then she was actually insured and obviously the BF is also not guilty of any insurance offence.

That Section of the Act is not relevant to a charge of using a vehicle whilst uninsured against third party liabilities. That Section just defines the insurer's obligations to third parties.

The offence is under Section 143 of the Act which states in part (a):

"a person must not use a motor vehicle on a road 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 respect of third party risks as complies with the requirements of this Part of this Act"

There was no policy inforce in relation to the use of the vehicle by that person so the driver can certainly be charged and convicted of the offence.

The Act then goes on to state in part (b):

"a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act"

So clearly the driver's partner can be charged and convicted of this offence.

amcluesent

Surely in court it would be better for her to swear she took the car without hubby's knowledge, i.e. cough to TWOKing, so she takes the heat. If she blubs and shows some leg, I'm sure the ageing male magistrates will be understanding.

Sounds to me like decent people make a tiny mistake and because they are easy targets the bizzies then throw the book thrown at them. Plenty of TV programmes show yoofs raising merry hell in stolen motors and they get a £50 fine and 10 minute 'community order'.

meg72

sebring wrote: »

I have unfortunately been in a similar situation when i was younger ,typically the offender will receive £100 fine and 3 points unless a disqualification is granted ,if this is the case you will look to get banned from driving for around 6 months ,no points but you will be fined again around £100 ,as for the owner of the car ,you can expect a fine of again £100 and 3 points or a 6 month ban for letting an uninsured driver use your vehicle ,this info is based on a 1st offence ,the severity will be based upon the judge themselves and some are worse than others. we all make mistakes

Hope this helps

I really have to take exception to the word mistake here. It is a deliberate and selfish act to drive with no insurance, no care for others whatsoever. Think about it,

raskazz

amcluesent wrote: »

Surely in court it would be better for her to swear she took the car without hubby's knowledge, i.e. cough to TWOKing, so she takes the heat. If she blubs and shows some leg, I'm sure the ageing male magistrates will be understanding.

Sounds to me like decent people make a tiny mistake and because they are easy targets the bizzies then throw the book thrown at them. Plenty of TV programmes show yoofs raising merry hell in stolen motors and they get a £50 fine and 10 minute 'community order'.

I fail to see how no licence AND no insurance could ever be considered a 'mistake', let alone a 'tiny mistake'.

michpotts

As someone who spent £850 learning to drive, when I was 29 because I couldn't afford it before then and £1400 on car insurance in the first two years of driving I have no sympathy whatsoever.

May I wish your colleague (wizely on your part not a friend) many happy years of expensive motoring ahead in the shape of HUGE insurance premiums.

Yorkie1

Using a vehicle without insurance / Permitting no insurance each carry 6-8 penalty points or discretionary disqualification. Plus a fine depending on income level.

Driving otherwise than in accordance with a licence carries fewer points and, as the offence was committed on the same occasion, they are not added on to the insurance points.

So the end result will be 6-8 points on the provisional licence if no disqualification is ordered - plus a financial penalty.