old SP30 and car insurance renewal

lisa701

Looking for some advice. Bit of background first.


My husband is a named driver on my car insurance. Its due for renewal in April. He received an SP30 going back a few years which I've always declared when applying for insurance. I'm going to have to check but I'm sure the date of the offence was over 4 years ago and according to the Gov website that means the 3 points will have expired.


However, the website says that to remove them from the paper counterpart licence he will need to apply for a replacement and pay a fee - something which he has not done.


So if its now 4 years since the offence but they are still showing on the paper counterpart does that mean I still need to declare the points?


Many thanks

barnaclebill

Usually the insurance companies want any SP back to 5 years, same if you go to hire a car.

InsideInsurance

Insurers ask for convictions in the last 5 years, if it was only 4 years since the offence then it continues to need to be declared.

I wonder if the 5 year requirement could be legally challenged given the change in the ROA but unless you have deep pockets and want a cause then simply answer the question asked

shaun_from_Africa

lisa701 wrote: »

However, the website says that to remove them from the paper counterpart licence he will need to apply for a replacement and pay a fee - something which he has not done.

Tell your hubby to save their money and not to apply for a replacement counterpart.


http://www.independent.co.uk/news/uk/home-news/paper-section-of-driving-licence-to-be-scrapped-by-dvla-what-do-i-need-to-know-10127142.html

Aretnap

InsideInsurance wrote: »

Insurers ask for convictions in the last 5 years, if it was only 4 years since the offence then it continues to need to be declared.

I wonder if the 5 year requirement could be legally challenged given the change in the ROA but unless you have deep pockets and want a cause then simply answer the question asked

Probably not. When the changes to the ROA were enacted, the commencement order included a specific provision to prevent them from applying to driving licence endorsements (I assume as a concession to car insurers). So an endorsement retains its old rehabilitation period - which was 5 years under an "any other sentence" clause in the old version of the Act.

Hintza

Think Direct Line are only 4 years.

Asking for 5 years is taking the pith in my view.

Hoof_Hearted

However, one SP30 is not going to make much difference to the premium. If it does for your current insurer, shop around.

InsideInsurance

Aretnap wrote: »

Probably not. When the changes to the ROA were enacted, the commencement order included a specific provision to prevent them from applying to driving licence endorsements (I assume as a concession to car insurers). So an endorsement retains its old rehabilitation period - which was 5 years under an "any other sentence" clause in the old version of the Act.

I did do more digging and noticed the commentary that the endorsement element gets caught up in the "any other sentence" element hence retaining the 5 years. Hadnt realised that the endorsement itself is separate to the points but the example was given:

An adult is convicted of a road traffic offence, and the court imposes a fine (rehabilitation period 1 year), an endorsement (rehabilitation period 5 years), penalty points (rehabilitation period 3 years) and driving disqualification for 1 year (rehabilitation period 1 year); the rehabilitation period for this conviction will be 5 years because the endorsement carries the longest rehabilitation period.

An FPN counts as a court issued and so the same applies.

Inevitably you do have to wonder if these things are the consequences of lobbying, design or just lack of thinking. Previously it was relatively fair in that a fine was also 5 years but with the adjustments you could go to prison for a year and still stop having to declare it quicker than someone with an SP30

lisa701

Thanks for all of your replies.

I've checked his licence. The date of the offence was 06/01/2009, the date of the conviction was 01/12/2009, making it 6 years for both. I therefore assume that if insurance companies are going on the 5 year rule then I won't need to declare it.

It probably doesnt make much of a difference but as I pay a lot more than he does for my car insurance (my car an 06 plate, smaller & less powerful than his and I have a clean licence but I pay nearly £200 a year more than he does) anything which may help bring it down is a bonus.

Thanks again

Norman_Castle

Have they been removed from his online license?.https://www.gov.uk/view-driving-licence

lisa701

Norman_Castle wrote: »

Have they been removed from his online license?.https://www.gov.uk/view-driving-licence

Don't have a clue, didn't know one existed. Will get him to check.