Driving Without Insurance
Driving without insurance.
Strict liability, real options.
Strict liability does not mean no options. Special reasons, a genuine belief argument, and the employee exception are all available in the right cases.
At a glance
s.143 RTA 1988The legal framework
The headline reference for this service is s.143 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
The offence is one of strict liability, so the work is usually directed at avoiding the endorsement rather than the conviction.
- Whether cover in fact existed
- Policies are frequently misread by all sides. Certificates, schedules and any extension of cover are checked directly with the insurer.
- Driving other cars
- Whether your own policy extended to the vehicle in question is a question of the policy wording, not of assumption.
- The employee exception
- An employee driving in the course of employment, who neither knew nor had reason to believe there was no cover, has a statutory defence.
- Special reasons — misled
- Where you were genuinely and reasonably led to believe cover was in place, the court may decline to endorse.
- Whether you were the driver
- As with any road traffic charge, the prosecution must prove you were driving on a road or public place.
- Recovering the vehicle
- Where the vehicle has been seized, prompt advice on release limits the cost.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 6–8 mandatory points | Or discretionary disqualification |
| Unlimited fine | Means-related |
| Vehicle seizure | Often at the roadside |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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Free initial consultationYour questions matter.
Let’s talk them through.
You don’t need all the answers.
Just start with what’s happened.