Use of other vehicles

Rover_Driver

Car_54 wrote: »

But the vehicle itself must be insured, under the Motor Vehicle (Insurance Requirements) Regulations 2011. This is the responsibility of the registered keeper, not the driver.

Those regulations introduced s.144A, Road Traffic Act 1988 - the requirement for the vehicle to meet the insurance requirement.


If the person is using the vehicle with their third party cover which does not require the vehicle to have any other insurance, it would meet that requirement - s.144A (5) of the act.

Car_54

Rover_Driver wrote: »

Those regulations introduced s.144A, Road Traffic Act 1988 - the requirement for the vehicle to meet the insurance requirement.


If the person is using the vehicle with their third party cover which does not require the vehicle to have any other insurance, it would meet that requirement - s.144A (5) of the act.

No, it would not. Section 144A(3) requires that an insurance policy must be in force covering either (a) the vehicle identified by reg. number or (b) any vehicle owned by the registered keeper.

Clearly, a 3rd party driving on his own "driving other cars" policy does not meet either of those.

Also, as LeeUK pointed out earlier, the vehicle would not be covered once parked!

Rover_Driver

Car_54 wrote: »

No, it would not. Section 144A(3) requires that an insurance policy must be in force covering either (a) the vehicle identified by reg. number or (b) any vehicle owned by the registered keeper.

s.144A (3) is a condition of s.144A (2), s.144A (5) is a separate matter.

Gloomendoom

Car_54 wrote: »

No, it would not. Section 144A(3) requires that an insurance policy must be in force covering either (a) the vehicle identified by reg. number or (b) any vehicle owned by the registered keeper.

Clearly, a 3rd party driving on his own "driving other cars" policy does not meet either of those.

Also, as LeeUK pointed out earlier, the vehicle would not be covered once parked!

It's not the driver's problem. He is covered while he is driving. Once he gets out of the driving seat, it's the registered keeper's problem.

Car_54

Rover_Driver wrote: »

s.144A (3) is a condition of s.144A (2), s.144A (5) is a separate matter.

(5) is not a separate matter. It reads "For the purposes of this section ..." and is actually an explanation of the terms used in subsections (1) to (4): it clearly is not intended to be read in isolation.

If it were, we would have the following absurd situation.

I own a car which is uninsured, and therefore I am committing an offence.

My friend borrows it, and drives it away under his own DOC policy. I am no longer committing an offence.

He parks it and walks away. I am committing an offence again.

Rover_Driver

Car_54 wrote: »

(5) is not a separate matter. It reads "For the purposes of this section ..." and is actually an explanation of the terms used in subsections (1) to (4): it clearly is not intended to be read in isolation.

There are two sub-sections of section 144A which explain where vehicles meet the insurance requirement -


s.144A (2) plus either (3) or (4),
or
s.144A (5), which would apply in the case of a person who is using the vehicle using their valid third party cover.

Car_54

Rover_Driver wrote: »

There are two sub-sections of section 144A which explain where vehicles meet the insurance requirement -


s.144A (2) plus either (3) or (4),
or
s.144A (5), which would apply in the case of a person who is using the vehicle using their valid third party cover.

I believe your interpretation is mistaken. If correct, it would lead to the absurd situation I dscribed in my last post. It would also seem to negate the whole point of the new legislation.

Rover_Driver

Your earlier post could be correct, depending on the circumstances.


Consider the circumstances of someone who has a vehicle SORN and off road. No insurance (one of the s.144B exceptions), no tax and no MOT.
A friend, who has valid third party cover, uses the vehicle to take it for a pre-arranged MOT test.
Insurance would be covered - s.144A (5), as there is a policy of insurance in force in relation to the use of the vehicle, and it would also be exempt from tax and MOT for that journey.