Threatening letters from DVLA over Section 144A(1) of the road traffic act 1988

greenelephant150

Hello I have just been given a letter by the DVLA stating that on the 3rd April 2025 I was in possession (and the registered keeper) of a small mini bus that was uninsured. because of this under Section 144A(1) of the road traffic act 1988 I am being threatened with prosecution. yes I own the vehicle and it wasnt insured but the bus was parked in a public car park and had not been driven for well over 8 months. The vehicle was taxed and could do so as it was MOT exempt under V112G and section 15 (public service vehicles). So the day of the alleged offense the bus was not been driven whatsoever. How is this exactly breaking the law? Its my understanding that I am only guilty of a criminal offense if I am infact actively driving any vehicle without insurance

Frozen_up_north

Not so, see this plain language version of the act:

https://www.jmw.co.uk/articles/driving-without-insurance/what-is-section-144a-road-traffic-act

TadleyBaggie

If a vehicle is taxed it must also be insured, known as continuous insurance. It's been a thing for a long time.

CliveOfIndia

If it's on a public car park then that's classed as a public road as far as road traffic laws are concerned.  If a vehicle is on a public road then it needs to be covered by third-party insurance as a minimum.

greenelephant150 said:

Its my understanding that I am only guilty of a criminal offense if I am infact actively driving any vehicle without insurance

Your understanding is incorrect.  You don't need to be actually driving the vehicle - the fact that it's on a public road (stationary or otherwise) without insurance means you're committing an offence.

Aretnap

There are two separate offices that you could be charged with: 

Using a vehicle in a public place without insurance. Using is more than just driving; in fact the courts have interpreted it so broadly as to include keeping a car parked up in a public place. Penalty is a minimum of 6 points and a large fine. Fortunately that isn't the other that they're threatening to produce you for. 

Keeping a vehicle that doesn't meet the continuous insurance requirements. As above the vehicle must be either insured or SORNed at all times, regardless of where it's kept and regardless of whether your actually driving it. It's very easy to prove - if it's taxed and not insured you were committing an offence. Fortunately there are no points for this offense, just a small fine (£100 if dealt with by fixed penalty.)

Basically you either need to insure the minibus, or SORN it.

Aretnap

CliveOfIndia said:

If it's on a public car park then that's classed as a public road as far as road traffic laws are concerned.  

It's not - it's a public place which is not the same as a public road. But the offence of using a vehicle without insurance can be committed in any public place. Other offences like driving while unlicenced or driving while using a mobile phone can only be committed on a road (no, me neither).

GrumpyDil

But unless you can park it on private land you can't SORN it.

Mildly_Miffed

greenelephant150 said:

Hello I have just been given a letter by the DVLA stating that on the 3rd April 2025 I was in possession (and the registered keeper) of a small mini bus that was uninsured. because of this under Section 144A(1) of the road traffic act 1988 I am being threatened with prosecution. yes I own the vehicle and it wasnt insured but the bus was parked in a public car park and had not been driven for well over 8 months. The vehicle was taxed and could do so as it was MOT exempt under V112G and section 15 (public service vehicles). So the day of the alleged offense the bus was not been driven whatsoever. How is this exactly breaking the law? Its my understanding that I am only guilty of a criminal offense if I am infact actively driving any vehicle without insurance

Quite simply, because your understanding is wrong.

It is illegal to have an uninsured vehicle in a place that's regarded as a public right of way, such as a car park - council or private - and has been for MANY MANY years.

It is also illegal to have a taxed but uninsured vehicle, and has been since 2011 and the introduction of continuous insurance legislation.

I'm surprised it's taken from early April until mid September, over five months, for DVLA to write to you. When you say "have just been given", do you mean that the address on the V5C is not one at which you can be quickly and reliably contacted by post?

MyRealNameToo

Mildly_Miffed said:

greenelephant150 said:

Hello I have just been given a letter by the DVLA stating that on the 3rd April 2025 I was in possession (and the registered keeper) of a small mini bus that was uninsured. because of this under Section 144A(1) of the road traffic act 1988 I am being threatened with prosecution. yes I own the vehicle and it wasnt insured but the bus was parked in a public car park and had not been driven for well over 8 months. The vehicle was taxed and could do so as it was MOT exempt under V112G and section 15 (public service vehicles). So the day of the alleged offense the bus was not been driven whatsoever. How is this exactly breaking the law? Its my understanding that I am only guilty of a criminal offense if I am infact actively driving any vehicle without insurance

Quite simply, because your understanding is wrong.

It is illegal to have an uninsured vehicle in a place that's regarded as a public right of way, such as a car park - council or private - and has been for MANY MANY years.

It is also illegal to have a taxed but uninsured vehicle, and has been since 2011 and the introduction of continuous insurance legislation.

I'm surprised it's taken from early April until mid September, over five months, for DVLA to write to you. When you say "have just been given", do you mean that the address on the V5C is not one at which you can be quickly and reliably contacted by post?

It became illegal to have a vehicle without insurance if it isnt SORNed, doesnt matter where the vehicle is kept. 

To not have insurance you must SORN it, that will then raise the question on if you can have a SORNed vehicle in a public carpark; my understanding is that you can't 

Car_54

Mildly_Miffed said:

greenelephant150 said:

Hello I have just been given a letter by the DVLA stating that on the 3rd April 2025 I was in possession (and the registered keeper) of a small mini bus that was uninsured. because of this under Section 144A(1) of the road traffic act 1988 I am being threatened with prosecution. yes I own the vehicle and it wasnt insured but the bus was parked in a public car park and had not been driven for well over 8 months. The vehicle was taxed and could do so as it was MOT exempt under V112G and section 15 (public service vehicles). So the day of the alleged offense the bus was not been driven whatsoever. How is this exactly breaking the law? Its my understanding that I am only guilty of a criminal offense if I am infact actively driving any vehicle without insurance

Quite simply, because your understanding is wrong.

It is illegal to have an uninsured vehicle in a place that's regarded as a public right of way, such as a car park - council or private - and has been for MANY MANY years.

Not quite. The insurance requirement applies to “a road or other public place”. Whether a particular car park is a public place is for the courts to decide. Tesco’s is clearly public, but a office car park (especially with a barrier) probably is not.

Nothing to do with right of way.

TooManyPoints

Nothing to do with right of way.

And nothing to do with this offence.

All vehicles must be either taxed and insured or declared (and kept) off road.

If a vehicle is not declared off road it must be both taxed and insured, no matter where it is kept.