will my bf lose his licence?

taffy056

Yes please try pepipoo about this also, people there try and help and not be judgemental , go to the forum below for help

http://forums.pepipoo.com/index.php?showforum=5

Alias_Omega

The award will probably be IN10, which will needed declaring for a few years, and carriers a higher premium.

The IN10 also carries between 6 & 8 points.

11-5+6 = 12 points


Either way, he is looking at a short term ban of 6 months under this link -

http://www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_069887


Though he can goto the police station, give in his license, explain no points. He will be reported for failing to provide insurance, will be summoned via the post, and can drive the car all the way up to the day in court where he is banned. Its not an immediate ban, but up to the day of the court case.

This could be anywhere between 2-6 months.

asbokid

We all agree, this isn't fair or just. Where is the simple sword of truth and the trusty shield of British fair play?

The offences of permitting and of using a vehicle without insurance are absolute offences.

Since they are strict liability offences, ignorance is no defence. The Crown does not need to demonstrate negligence nor wilful culpability on your part.

The Crown only needs to show that the car was being driven without insurance by your BF and that you, the registered keeper, allowed him to drive it.

That is clearly wrong.

DVLA has used the offence of permitting no insurance as the justification for disclosing driver information to employers.

An employer can be prosecuted for permitting an employee to drive a company vehicle with no insurance where the employee was not licensed to drive the vehicle.

There was a case where a man obtained employment as a driver by showing his driving licence. Unfortunately, the man was a banned driver and should have returned his licence to the DVLA.

The employer was held to have permitted no insurance by failing to establish with the DVLA that the employee was licensed to drive the vehicle.

Don't even ask how an employer is supposed to check the status of a driving licence that was issued by an overseas driving agency.

Boozer

I was with Elephant for a few years, i actually ticked a box to say that i would not be driving other peoples cars, i can not remember if this changed my premium by much but i do remember it annoyed me that i had done it as i would have liked to have had this option.

From the FAQs on elephant:

Am I insured to drive someone else's car?
In some cases you may be covered under your policy to drive someone else's car. The cover is Third Party Only and doesn't apply to any cars you own or lease yourself. To see if you have this cover, please check Section 5 of your Certificate of Motor Insurance.

Can you tell us which insurance company your BF is with??

BARGAINHUNTER!

Boozer wrote: »

I was with Elephant for a few years, i actually ticked a box to say that i would not be driving other peoples cars, i can not remember if this changed my premium by much but i do remember it annoyed me that i had done it as i would have liked to have had this option.

From the FAQs on elephant:

Am I insured to drive someone else's car?
In some cases you may be covered under your policy to drive someone else's car. The cover is Third Party Only and doesn't apply to any cars you own or lease yourself. To see if you have this cover, please check Section 5 of your Certificate of Motor Insurance.

Can you tell us which insurance company your BF is with??

It is with Aviva and it appears to be commercial insurance due to the vehicle/nature of his work.

mcjordi

Empty_pockets wrote: »

Sounds like the officer was right, though not sure how he would know the details of your bf's insurance policy.

its easy they have access to all UK policies VIA the MID plug in the reg and it tells you details of the policy

double check next time OP the police are right in giving 6 points and Yes its highly likely that he will loose his license under totting up protocol

Boozer

BARGAINHUNTER! wrote: »

It is with Aviva and it appears to be commercial insurance due to the vehicle/nature of his work.

It may be the commercial side of things which have screwed you up, but from the Aviva website it quite clearly states for the comprehensive cover:

Driving other cars:
We will insure you, for third party only cover, whilst you are driving any other car within Great Britain, Northern Ireland, the Channel Islands and the Isle of Man providing;

• the car does not belong to you or is not hired to you under a hire purchase agreement,
• you are driving the car with the owners express consent,
• you still have your car and it has not been damaged beyond cost effective repair,
• you are aged 25 or above,
• your certificate of motor insurance indicates that you can drive such a vehicle.

Not sure if it is any good to you, but to me it states that if you have comprehensive car insurance with Aviva then you are covered to drive other cars(as i say the commercial part may be the problem).

http://www.aviva.co.uk/car/summary-of-cover.html

Worth a try with so much at risk, unless you BF is under 25 of course.

jonnyd281

Boozer wrote: »

• your certificate of motor insurance indicates that you can drive such a vehicle.

QUOTE]

The key here is that it states on your certificate that you can drive another vehicle third party, my policy documents for my policy state the same, my insurance certificate then states that I am permitted to drive other vehicles third party.

Boozer

jonnyd281 wrote: »

Boozer wrote: »

• your certificate of motor insurance indicates that you can drive such a vehicle.

QUOTE]

The key here is that it states on your certificate that you can drive another vehicle third party, my policy documents for my policy state the same, my insurance certificate then states that I am permitted to drive other vehicles third party.

I was thinking that it could be taken to mean that i can drive a certain class of vehicle, i.e not a truck.

I have not had any insurance documents for a long time, so of course i could be wrong.

halibut2209

If the website states the above, then it's certainly something to raise in court as a mitigating circumstance. Obviously if the certificate doesn't state that then he was uninsured, but it could help to show that he genuinely believed he was insured.