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Pushing an uninsusred car

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  • Rover_Driver
    Rover_Driver Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hammyman wrote: »
    Wrong. There is more than one grade of trade plate. One covers tax and insurance and is used by platers and car sales. The other is a workshop one that also covers no MOT as well as tax and insurance.

    There is only one trade vehicle licence, and it only covers the licence. Insurance and MOT are completely different matters.

    Its the use that can have different grades - sales, manufacturer etc.
    s.11 & 12, Vehicles Excise & Registration Act 1994.,
  • There is only one trade vehicle licence, and it only covers the licence. Insurance and MOT are completely different matters.

    Its the use that can have different grades - sales, manufacturer etc.
    s.11 & 12, Vehicles Excise & Registration Act 1994.,

    All this talk of what you can and can't do on trade plates is irrelevent to the OP, THE CAR IS IN PROBATE I think that means that only the solicitors can make arrangements or give permision to move the car should that be neccesary and I would suggest that the only way they would grant permision to move it would be by trailer, I would imagine that the solicitors under the circumstances could SORN the car.
    I hate football and do wish people wouldn't keep talking about it like it's the most important thing in the world
  • raskazz
    raskazz Posts: 2,877 Forumite
    edited 30 August 2011 at 10:08PM
    redped wrote: »
    From http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_067630:

    "You have to have motor insurance before you can drive your vehicle in a public place. Motor insurance protects you, your vehicle and other motorists against liability in the event of any accident. It provides financial compensation to cover any injuries caused to people or their property."

    Technically true but that does not mean that other instances involving a vehicle do not require insurance.

    The actual offence is defined by Section 143 of the Road Traffic Act, which states:
    "143 Users of motor vehicles to be insured or secured against third-party risks.

    (1) Subject to the provisions of this Part of this Act—

    (a) 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 respect of third party risks as complies with the requirements of this Part of this Act, and

    ..

    (2)If a person acts in contravention of subsection (1) above he is guilty of an offence."
    Note that the offence is NOT "driving" - it is "use".

    There is some solid case law on this issue and as per cases such as Elliott v Gray (a car parked on bricks is being "used") and Pumbien v Vines (a vehicle rendered reversibly immobile and parked is being "used"), if you push a motor vehicle on the road you will definitely be held to be "using" it within the scope of the Act.
    redped wrote: »
    I wouldn't say pushing a car is the same as "driving", so I wouldn't agree that you require insurance,

    No, it's not the same as "driving" but it is the same as "using" under the Act.
    redped wrote: »
    otherwise you could claim that insurance would be required for pushing a wheelbarrow from one garden to another on the other side of the road.

    No - as a wheelbarrow is not a motor vehicle and thus Section 143 does not apply to its use on the road.
  • prowla
    prowla Posts: 13,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why not tow it there?
  • The recently introduced insurance laws require continuous insurance or SORN to be declared.

    So if the vehicle is on the road, it requires insurance. If it hasn't got insurance, it needs a SORN. If it has a SORN, it cannot be on a public road.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    PsiDOC wrote: »
    Granted pushing it up the road would make an easy collar for the old bill mind.

    And they will if they have a mind to - Mate got the book thrown at him for pushing his motorbike down a few hundred yards of public road between the farm where he had space to work on it and his house. Bad timing or what!
  • System
    System Posts: 178,343 Community Admin
    10,000 Posts Photogenic Name Dropper
    Surely as part of their duty, the solicitor should have made sure the vehicle was insured and taxed if on the road (or on public land) prior to being moved onto private property and then declared SORN
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • prowla wrote: »
    Why not tow it there?

    Towed cars need to be insured. You have to take them on car trailers to avoid needing insurance.
    ''apply within'' :)
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    kevin0410 wrote: »
    finally, a sensible answer!

    How is it sensible to encourage someone to break the law, get 6-8 points on their licence and have the vehicle seized, and risk bankruptcy if they injure someone whilst driving uninsured:mad:

    Unlikely but possible.
    We need the earth for food, water, and shelter.
    The earth needs us for nothing.
    The earth does not belong to us.
    We belong to the Earth
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