Lesson 2.1 Driving Documents - Insurance Flashcards
What are the three insurance parties?
1st party - insurance company
2nd party - user of the motor vehicle
3rd party - the person injured or whose property is damaged
NOTE - the legal minimum requirement for insurance cover for motorist consists of insurance to cover 3rd party risks only
What is the difference between the OWNER AND REGISTERED KEEPER?
The owner of the vehicle is what it says- the person who owns the vehicle
The keeper of the vehicle may well be different to the owner
There may well be a driver who is nor the owner or the keeper.
E.g.
1) Smiths are a national company and purchase 40 vehicles. Smiths are the owners.
2) They have a subsidiary company called Smarts who are allocated 10 vehicles and keep them at their depot. Smarts are the keepers.
3) Smarts employ 10 delivery people who use the vehicles. The delivery people are the drivers.
What are offences related to insurance?
Section 143 Road Traffic Act 1988
Offence for any person to use, or cause or permit the use, of a motor vehicle on a road or other public place without a policy of insurance covering 3rd party risk being in force.
If the keeper wishes to keep a vehicle but not insure it (or pay for excise) then they must remove the vehicle from the road and public places. The keeper must inform DVLA and complete a Statutory Off Road Notice (SORN)
Under section 144A
Registered keeper of a vehicle commits an offence if the vehicle is not insured, even if the vehicle is not being used on a road or public place.
In summary if vehicle is not subject to SORN with the DVLA - IT MUST BE INSURED.
What is a statutory defence for not having insurance?
Section 143 of the Act provides that a person charged with driving without insurance will not be convicted if the defence can prove that all of the following circumstances applied to the case:
1) The vehicle did not belong to the driver AND
2) The vehicle was not hired to the driver AND
3) The vehicle was being driven by them in the course of their employment AND
4) The person neither knew nor had reason to believe that there was no insurance cover.
What are exemptions for requiring insurance?
1) Vehicle owned by the crown (Gov’t/Armed Forces)
2) Local Authorities vehicles
3) Police Authority vehicles
4) Vehicles owned by a person who has deposited £500,000 with the Supreme Court
5) A vehicle driven for police purposes by or under the direction of a Constable
What are laws in relation to Certificates, Policies and Cover notes?
Insurance company will provide a Certificate of Insurance which is the legal document required by a keeper/driver to satisfy the requirements of the Road Traffic Act
Prior to issuing a complete Certificate of Insurance the insurance company may issue a temporary Certificate of insurance called a COVER NOTE. This contains the same info as the Certificate of Insurance and is usually valid for a short period of time.
Companies now provide electronic copies of Certificates and the keeper may allow a constable to view the electronic copy. (No requirement for police to provide electronic equipment in order to view the certificate)
Alternatively provided the details are correct and valid a printed copy is acceptable as proof.
If the vehicle is exempt from insurance it is the keeper/drivers responsibility to provide proof of the exemption.
What are Police Powers in relation to production of a certificate of insurance?
Section 165
Police officers have the power to require the production of a Certificate of insurance from any person who:-
- Is driving a motor vehicle on a road, or
- The officer has reasonable cause to believe has been the driver of a motor vehicle at a time when a collision occurred owing to its presence on a road or other public place, or
- The officer has reasonable cause to believe has been committed an offence in relation to the use of a motor vehicle on a road
What is the HO/RT1 Procedure?
It is an offence for a person lawfully required to produce their driving documents (e.g. licence, certificate of insurance and test certificate) to fail to produce these documents.
Recognised that many people do not carry there driving documents with them at all times. Therefore to avoid prosecution, the person can present the documents to a police station within 7 days. Beginning on the day after the day that the requirement was made.
If after 7 days the documents aren’t produced, the person may still not be prosecuted, provided they are produced as soon as reasonably practicable.
If a person from whom you require the production of driving documents is unable to do so, issue them with a HO/RT1. Record their details, vehicle involved, time and date, locus, documents which must be produced, the nominated police station and your own details.
Neither a certificate of insurance or a test certificate need to be produced in person- these can be produced by a friend or relative.
When documents are produced, the officer accepting their production will check them and if necessary record the details by completing a form (HO/RT2).
Also you can check on PNC. However when you can’t do that use this procedure.
What does s165A of the RTA 1988 involve in terms of seizing vehicles?
If you stop a motor vehicle on a road and require the driver to produce their driving licence and or insurance certificate and they fail to do so, if you have reasonable ground to believe that they are committing an offence under s87 or 143 (driving without insurance or a licence)
Then the vehicle may be retained by police until valid documents are produced or disposal of the vehicle is arranged.
Not an alternative to prosecution. Where there is enough evidence, the driver should be c and c’d and offered a conditional offer of a fixed penalty notice or reported to the fiscal.
Before this you must warn them that the vehicle will be seized unless they provide valid documents immediately.
if the vehicle doesn’t stop, you may exercise this power within 24 hours. Cannot enter a private dwelling. This term does not include a garage, other structure occupied with the dwelling house, or any land adjourning to the dwelling house e.g. garden, driveway.
