Uninsured driver - company car

MEM62

Quentin wrote: »

"Opinions" are irrelevant (and dangerous to post when they are wrong) over matters of fact concerning laws

Driving without insurance is an absolute offence. That is one where there is no discretionary defence available, i.e., the vehicle is either insured or it is not. If, for any reason it is not insured, the offence is committed and the driver will receive a summons. In the circumstances we are talking about the driver can offer a defence by means of a "special reasons" submission and perhaps avoid penalty points and a fine, but the offence is still committed. As one of colleagues can attest.

And as for matters of fact concerning laws, as we all know the Law is subject to interpretation and, even in court, cannot be relied upon to be interpreted or applied consistently. I respect that your interpretation may be different to mine but I stand by my opinion, particularly as my more cautious (and apparently 'dangerous') stance would encourage a company car driver to make a small extra effort to ensure that the vehicle they are driving is insured and thereby potentially avoid a lot unwanted attention from both the Constabulary and the courts.

Aretnap

MEM62 wrote: »

Driving without insurance is an absolute offence. That is one where there is no discretionary defence available, i.e., the vehicle is either insured or it is not. If, for any reason it is not insured, the offence is committed and the driver will receive a summons. In the circumstances we are talking about the driver can offer a defence by means of a "special reasons" submission and avoid penalty points and a fine, but the offence is still committed. As one of colleagues can attest.

I respect that your interpretation may be different to mine but I stand by my opinion.

You're entitled to your own opinions - but you're not entitled to your own facts.

The fact is that the law makes a specific exception in the case of a vehicle which is being driven for employment purposes, and allows a defence (not "special reasons") if the driver had no reason to believe that the car was uninsured. You can read the legislation here if you like, as you obviously missed it in post 4.

I have no idea what happened to your colleague. Maybe his situation was different, maybe he had poor legal advice, maybe the magistrates were having a bad day, or maybe this is just a typical internet "friend of a friend" story. It doesn't change the law in any event.

Quentin

MEM62 wrote: »

Driving without insurance is an absolute offence. That is one where there is no discretionary defence available, i.e., the vehicle is either insured or it is not. If, for any reason it is not insured, the offence is committed and the driver will receive a summons. In the circumstances we are talking about the driver can offer a defence by means of a "special reasons" submission and perhaps avoid penalty points and a fine, but the offence is still committed. As one of colleagues can attest.

And as for matters of fact concerning laws, as we all know the Law is subject to interpretation and, even in court, cannot be relied upon to be interpreted or applied consistently. I respect that your interpretation may be different to mine but I stand by my opinion, particularly as my more cautious (and apparently 'dangerous') stance would encourage a company car driver to make a small extra effort to ensure that the vehicle they are driving is insured and thereby potentially avoid a lot unwanted attention from both the Constabulary and the courts.

You have been given "chapter and verse" already as to why your "opinion" is wrong.


You are entitled to your opinion.


However to keep on giving this incorrect advice isn't helping the OP, who hopefully will see that you are just giving your opinion.


And ignore it

BykerSands

MEM62 wrote: »

Driving without insurance is an absolute offence. That is one where there is no discretionary defence available, i.e., the vehicle is either insured or it is not. If, for any reason it is not insured, the offence is committed and the driver will receive a summons. In the circumstances we are talking about the driver can offer a defence by means of a "special reasons" submission and perhaps avoid penalty points and a fine, but the offence is still committed. As one of colleagues can attest.

And as for matters of fact concerning laws, as we all know the Law is subject to interpretation and, even in court, cannot be relied upon to be interpreted or applied consistently. I respect that your interpretation may be different to mine but I stand by my opinion, particularly as my more cautious (and apparently 'dangerous') stance would encourage a company car driver to make a small extra effort to ensure that the vehicle they are driving is insured and thereby potentially avoid a lot unwanted attention from both the Constabulary and the courts.

You colleague was ill prepared when he went to court. He should not have been convicted and special circumstances not to endorse do not come into it. As you've already been to,d it's a straight not guilty.