Every person who uses, causes or permits another person to use a motor vehicle on a road or other public place must have a policy of insurance in place. If not, that person may be convicted of using, causing or permitting another to drive a vehicle without insurance. Once the police have proven that the vehicle was being used on a public road or in a public place, it is for the driver to prove that a policy of insurance was in place. There are very limited defences to this charge as it is a strict liability offence. That is you either have insurance or you don’t.
However, there are special arguments that can be put to the Court known as ‘special reasons’. For example if the accused was misled into believing that a policy of insurance was in place. There are also special defences available to employees in certain circumstances.
The appropriate penalty will depend on the circumstances of the offence and the person who has committed the offence.
In some circumstances, it is possible to avoid a penalty and we would be happy to advise you in this regard. In other cases we can assist in keeping the penalty to a minimum. If you would like to speak with one of our solicitors please call Freephone on 0800 046 3066, learn more from our transport law blog or continuing reading through our motoring lawyer's website. We have offices in Nottingham but offer a nationwide service.
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