To be prosecuted for this offence, the police normally are able
to show that a person was driving the vehicle. However, the
offence itself is “using” the vehicle and this has a wider
definition than merely driving and can therefore include a case
where a person having custody or control of the vehicle is deemed
to be using it even though they are not sat behind the steering
wheel driving at the time.
penalties
The courts treat offenders (willingly committing the offence or
not) quite severely. A driving disqualification is normally
considered appropriate for this type of offence. The alternative is
six - eight penalty points. A fine of up to £5,000 can be
imposed.
no insurance case studies
driving without insurance
C consulted Barry Culshaw of the Motoring
Offences Team with regard to an allegation of using a motor vehicle
without insurance. The matter was pending before Southampton
Magistrates Court and the prosecution had been instituted by
Hampshire Constabulary. The prosecution's case was based upon
a police check of C's vehicle when he was driving laden with items
of scrap. The Crown alleged that the vehicle was not being
used at the material time for purposes of the motor trade and,
accordingly, C was uninsured on his motor trader's policy. C
maintained that in arranging the third party insurance cover he had
relied on the advice of a broker and was acting in good faith
throughout. Barry Culshaw obtained a witness statement from
the broker and served a copy on the Crown. The thrust of the
defence was that the nature of the load was arguably within the
terms of the motor trader's policy and even if it was not
representations were made on behalf of C that it was not in the
public interest to continue the prosecution against him. On
the day before the scheduled trial the Crown Prosecution Service
decided to discontinue the case on the basis that "a prosecution
(was) not needed in the public interest." C had earlier on
Barry Culshaw's advice declined to accept a fixed penalty in the
sum of £200 and endorsement of C's driving licence with six penalty
points arising out of this no insurance allegation. The
discontinuance of the proceedings vindicated C's decision to reject
the fixed penalty and to elect court proceedings.
