Road Traffic & Motoring Law

It is a criminal offence to drive a motor vehicle on a road without a qualifying insurance policy in force – Road Traffic Act 1988.

The legislation imposes an absolute liability.  It is for the Defendant to prove that he is insured or that one of the limited defences apply.  The Defences include that the Defendant did not own the vehicle or was not in possession of it, that he was using the vehicle in the course of employment. It is worth noting that contracts of insurance are contracts of “utmost good faith”.  Taking out a contract of motor insurance and [for example] failing to disclose a previous conviction or a medical condition would not only render the insurance invalid but also expose you to risk of prosecution for this offence.

It is unwise to assume that if your vehicle is insured on a “fully comprehensive” basis you will be insured to drive other vehicles on a “third party” basis.  Always check with your insurance company.

Upon conviction the court must award penalty points. Disqualification from driving and the imposition of a fine is discretionary.