No Insurance (Using, Causing or Permitting)

Using (or causing or permitting to be used) a motor vehicle on a road or other public place when there is not in force a policy of insurance is a criminal offence.

If convicted of this offence (which can only be dealt with in the Magistrates Court) carries a maximum penalty of a fine not exceeding £5000.

In addition, may disqualify for any period and/or until the defendant has passed a driving test. Also the Court must endorse, unless special reasons, with between 6-8 penalty points.

Note that if the prosecution prove that the defendant used a motor vehicle on a road or other public place, then the burden of proof shifts to the defendant to establish that he was insured.

A certificate of insurance in law is the main item of proof of insurance and until it has been delivered to the insured he is held not to be insured. Mere proof that he has paid the premium or holds an actual policy is not sufficient.

Note that an employed driver cannot be convicted if he can prove that,

  • the vehicle did not belong to him; and
  • it was not in his possession under a hiring contract or on loan to him; and
  • he was using it in the course of his employment; and
  • he did not know and had no reason to believe he was not insured.

The degree of proof required from the defendant is to prove that this defence is probably true. He does not have to prove it beyond reasonable doubt.

McKenzies Solicitors, are experts in motoring law. We have a dedicated team who have over 60 years of combined experience in dealing with such matters. To discuss your case in more detail with a specialist soliictor please call or email using the form below.

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