Car Towed DVLA Fines

oldagetraveller

"Since there are no police anymore"
There are though, they are too busy trawling the internet looking for "hate speech" and stuff that could offend snowflakes.

TooManyPoints

if the vehicle was parked on a public road then insurance is needed

expect a nice letter from the police to follow ,

think its 6 points and big wonga fine

There are two offences associated with compulsory insurance of motor vehicles. One is contained in S143 of the Road Traffic Act and is entitled “Users of motor vehicles to be insured or secured against third-party risks.” This is the offence normally charged when somebody is caught driving an uninsured vehicle. It is carries an endorsement and a minimum of six penalty points.

The second is contained in S144A of the same Act and is entitled “Offence of keeping vehicle which does not meet insurance requirements”. This requires keepers of vehicles to ensure a policy of third party cover is in place at all times unless the vehicle is declared (and kept) off road by way of a SORN. This offence carries a maximum fine of £1,000 but is usually dealt with by way of a fixed penalty. Here’s an explanatory memorandum which was published around the time of the section’s introduction:

http://www.legislation.gov.uk/uksi/2011/20/pdfs/uksiem_20110020_en.pdf

It is not possible to impose an endorsement and penalty points for this offence. Endorsements must be imposed on an individual’s driving licence (or more precisely his driving record). If the vehicle is simply parked in the road unoccupied there is no driver to be identified and prosecuted and so this offence is levelled at the Registered Keeper.

Scrapit

adeyooo wrote: »

you're the reason these forums are an absolute nightmare to get anything from

Why report a post you quoted?

Scrapit

I think it is good that central government are punishing those that do wrong. Rules are in place for a very good reason and those that abide by them, such as my self. The OP is being punished for good reason. I wish there was more of this, as I suspect, do most other rule a binding citizens.

Car_54

TooManyPoints wrote: »

It is not possible to impose an endorsement and penalty points for this offence. Endorsements must be imposed on an individual’s driving licence (or more precisely his driving record). If the vehicle is simply parked in the road unoccupied there is no driver to be identified and prosecuted and so this offence is levelled at the Registered Keeper.

But there are other offences for which points are earned but don’t involve driving (e.g. failure to furnish driver details, or causing or permitting driving without insurance).
On the other hand, the RK may not have a licence....

Nearly_Old

Car_54 wrote: »

But there are other offences for which points are earned but don’t involve driving (e.g. failure to furnish driver details, or causing or permitting driving without insurance).
On the other hand, the RK may not have a licence....

The above offences involve "driver" and "driving" and the relevant legislation does involve the act of "driving", and the penalties are applied to the driver. A parked car, that may have been there for days/weeks that is not SORN'ed and has no third party insurance does not involve driving. Therefore the relevant legislation refers to the Registered Keeper and not to the driver.

There is no requirement for the RK to hold a licence as the RK is only responsible for ensuring that the vehicle is taxed, insured and where applicable has a current MoT.

Car_54

Nearly_Old wrote: »

The above offences involve "driver" and "driving" and the relevant legislation does involve the act of "driving", and the penalties are applied to the driver. A parked car, that may have been there for days/weeks that is not SORN'ed and has no third party insurance does not involve driving. Therefore the relevant legislation refers to the Registered Keeper and not to the driver.

My point is that these are examples where the penalties are NOT applied to the driver. The whole point of FtF is that the driver is unknown, and in cases of causing or permitting the accused is, by definition, not the driver.

Nearly_Old

Car_54 wrote: »

My point is that these are examples where the penalties are NOT applied to the driver. The whole point of FtF is that the driver is unknown, and in cases of causing or permitting the accused is, by definition, not the driver.

But the point of post 13 is that offences such as those you've shown are dealt with under S143 of the Act, as is an s172 offence and the individual responsible, be it driver/RK/or other is defined for each offence.


S144A of the same Act is entitled “Offence of keeping vehicle which does not meet insurance requirements”. This requires ONLY keepers of vehicles (no mention of driver) to ensure a policy of third party cover is in place at all times unless the vehicle is declared (and kept) off road by way of a SORN.

Car_54

Nearly_Old wrote: »

But the point of post 13 is that offences such as those you've shown are dealt with under S143 of the Act, as is an s172 offence and the individual responsible, be it driver/RK/or other is defined for each offence.


S144A of the same Act is entitled “Offence of keeping vehicle which does not meet insurance requirements”. This requires ONLY keepers of vehicles (no mention of driver) to ensure a policy of third party cover is in place at all times unless the vehicle is declared (and kept) off road by way of a SORN.

But there is nothing to stop the RK being given points for the offence, should parliament so decide.

prowla

So, it had a Statutory Off Road notification, but was parked on the road.

The conditions of a SORN include the following definition of off the road:

Your vehicle is off the road if you don’t keep or use it on a public road, for example if it’s in a garage, on a drive or on private land.

https://www.gov.uk/sorn-statutory-off-road-notification