Just heard a terrific tale

Gordon_Hose

scheming_gypsy wrote: »

he left the car while he went inside to get insurance, so a prosecution would probably never happen... 'yes officer, i had my new car picked up and delivered then went inside to insure it and the bus crashed into it'...

if the bus driver has admitted liability then there's no reason for the police to be involved.

So either he drove uninsured, or his "mate" left the car uninsured on the roadside. Both are an offence.

You're assuming the Police wouldn't be interested.

Woody._2

scheming_gypsy wrote: »

if the bus driver has admitted liability then there's no reason for the police to be involved.

How about the fact the BMW is on a road without insurance. The owner is therefore technically using it without insurance which is an offence under the RTA same as if he was actually driving it.

scheming_gypsy

and you're assuming that they would.

are they an offence or a criminal offence?

Gordon_Hose

scheming_gypsy wrote: »

and you're assuming that they would.

are they an offence or a criminal offence?

And you're assuming they wouldn't. What's your point?

Who's "they"?

Leaving an uninsured car on the road carries 6 points and a £100 fine. There's no real grey area there tbh.

The BMW driver was a complete berk for leaving home knowing he had no insurance to drive the car home.

scheming_gypsy

Woody. wrote: »

How about the fact the BMW is on a road without insurance. The owner is therefore technically using it without insurance which is an offence under the RTA same as if he was actually driving it.

Lets see what the official word on it is....

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_186696

If you're the registered keeper of a vehicle, it must be insured at all times.
The exceptions are:

• if you have made a SORN for the vehicle
• if your vehicle has been kept off-road since before SORN came into force on 31 January 1998 – unless it was brought back into use
• if your vehicle is recorded as stolen, passed or sold to the motor trade or between registered keepers
• if your vehicle is recorded scrapped or permanently exported by the Driver and Vehicle Licensing (DVLA)

ok... fair enough... lets read on a bit further.

What will happen if your vehicle doesn't have insurance

From the end of June 2011 Insurance Advisory Letters (IAL) will be issued by the Motor Insurers' Bureau to the registered keepers of uninsured vehicles. This will be following a check of the Motor Insurance Database (MID) - the UK's central record of vehicle insurance. The IAL will advise the registered keeper that their vehicle appears to have no insurance and what actions to take to avoid receiving a fixed penalty from DVLA.
If a vehicle does not have insurance, the registered keeper could:

• receive a fixed penalty of £100
• have their vehicle wheel-clamped, impounded, or destroyed
• face a court prosecution, with a possible maximum fine of £1000

Payment of a penalty does not replace the need for motor insurance.

So from the end of June - 2 days before this happened.


So the vehicle could receive a £100 fixed penalty.


and then we read further

How to avoid a penalty

The details of all insured vehicles should be on the MID. You can check that your motor insurance details are on the database and are correct by following the link below.
Check your vehicle is insured - askMID Check the Motor Insurance Database now Opens new window










If the details aren't correct, or are not on the database, you should contact your insurer immediately. Only your insurer can update the MID's information.
If not already insured:

• insure your vehicle immediately
• make a SORN, if the vehicle is not used on the road
• notify DVLA if you are no longer the registered keeper

Failure to take one of these actions will result in a £100 penalty.

which was what the BMW owner was doing.


Even if he didn't, his offence would land him a £100 fine.

Woody._2

scheming_gypsy wrote: »

Lets see what the official word on it is....

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_186696



[/LIST]ok... fair enough... lets read on a bit further.




So from the end of June - 2 days before this happened.


So the vehicle could receive a £100 fixed penalty.


and then we read further







which was what the BMW owner was doing.


Even if he didn't, his offence would land him a £100 fine.

The minimum for no insurance is £200 and six points.

You post refers to a vehicle not on a public road.;)

scheming_gypsy

six points is being caught driving without insurance, not owning a car that isn't insured. Can you actually get points when you're not driving the car?

If the police were called and the BMW owner had said they'd just taken ownership of the car (ie 20 minutes ago) and was in the middle of organising insurance... would the police actually even entertain anything regarding a law brought in two days previous? ok.. if he was driving it but he clearly wasn't.

Woody._2

scheming_gypsy wrote: »

six points is being caught driving without insurance, not owning a car that isn't insured. Can you actually get points when you're not driving the car?

If the police were called and the BMW owner had said they'd just taken ownership of the car (ie 20 minutes ago) and was in the middle of organising insurance... would the police actually even entertain anything regarding a law brought in two days previous? ok.. if he was driving it but he clearly wasn't.

Under section 143(1)(a) RTA 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 that vehicle by that persona policy of insurance '. Under section 145 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. third party insurance.

Note is says use not drive.

Insurance offences are use, cause or permit. You can be using it if it is 200 miles away and driven by someone else.

scheming_gypsy

i can't see you using it if you're 200 miles away. you're permitting somebody else to use it. And yes, an offence is to 'use' but what is the definition of 'use'.

Parking it outside your house while you're inside it isn't 'using' it.

SteveJW

Someone posted the following

Something not right here! The dealer could not tax the car without insurance. If the buyer refused the dealer's insurance then he would of had to have provided his own. So the question begs; how did they tax the car?

In reply someone else said "Traders Policy"

I am responsible for the purchase of around 50 vehicles a year, the only way a new vehicle can be registered and taxed on a traders policy is if it is registered in the traders name, V5C then shows a previous keeper.

Sometimes we have to do this to get certain items registered as "Agricultural"

Always get asked for a copy of our insurance before dealer will register vehicle, lucky though just email them an exemption letter stating do not have to provide evidence of insurance, of course we are insured.