Omega Owners Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

Please play nicely.  No one wants to listen/read a keyboard warriors rants....

Pages: 1 2 3 4 5 6 7 [8] 9   Go Down

Author Topic: Driving an uninsured car....  (Read 7213 times)

0 Members and 1 Guest are viewing this topic.

stuart30

  • Guest
Re: Driving an uninsured car....
« Reply #105 on: 21 March 2009, 23:45:53 »

Quote
Quote
Quote
Quote
Quote
Quote
Quote
Stewart, have you got a link to this legislation?


I have Vamps...as everyone would have if they spent five minutes looking like i had too.

People will believe what they wish....no concern too me. ;)

Care to share, I have been known to be wrong.
Or have you posted it and I have missed it, it's not the one you pm'd me

No its not Vamps...although thats what spurred me onto look futher into it.

Have a look around and if you cant find it i"ll post you a link tomorrow night.

Unless Hotel wishs too post a link dissproving what ive said..... :y

Loo knee i admire your beliefs....any chance of borrowing your blinkers. ;D

Im away too sleep now....heres a open challenge too everyone....find the relevant law that dispproves what ive said.... ;)

Think you will find you are asleep dream boy  ;D

Care too put money on that....your so postive Hotel is right stick £50 up in favour of him and i"ll do the same.

Money in the bank my old son..... ;)

Night Night... 8-)

Think I would stick my money on Mr.Hotel21 everytime Dolly ;D


If your so confident get Hotel too show you the relevant law....oh and does that mean you accept my bet.

Right i really must go too sleep...im not paid too sit here all night. ;D
Logged

Nickbat

  • Guest
Re: Driving an uninsured car....
« Reply #106 on: 21 March 2009, 23:49:04 »

Don't know if this article is of any help in settling this argument. Maybe.:

http://www.honestjohn.co.uk/faq/faq.htm?id=74

Logged

Darth Loo-knee

  • Omega Queen
  • *****
  • Offline Offline
  • Gender: Male
  • Death Star
  • Posts: 18826
  • Jammie smells of Pooh....
    • TIE Fighter
    • View Profile
Re: Driving an uninsured car....
« Reply #107 on: 21 March 2009, 23:50:25 »

Quote
Quote
Quote
Quote
Quote
Quote
Quote
Quote
Stewart, have you got a link to this legislation?


I have Vamps...as everyone would have if they spent five minutes looking like i had too.

People will believe what they wish....no concern too me. ;)

Care to share, I have been known to be wrong.
Or have you posted it and I have missed it, it's not the one you pm'd me

No its not Vamps...although thats what spurred me onto look futher into it.

Have a look around and if you cant find it i"ll post you a link tomorrow night.

Unless Hotel wishs too post a link dissproving what ive said..... :y

Loo knee i admire your beliefs....any chance of borrowing your blinkers. ;D

Im away too sleep now....heres a open challenge too everyone....find the relevant law that dispproves what ive said.... ;)

Think you will find you are asleep dream boy  ;D

Care too put money on that....your so postive Hotel is right stick £50 up in favour of him and i"ll do the same.

Money in the bank my old son..... ;)

Night Night... 8-)

Think I would stick my money on Mr.Hotel21 everytime Dolly ;D


If your so confident get Hotel too show you the relevant law....oh and does that mean you accept my bet.

Right i really must go too sleep...im not paid too sit here all night. ;D

I wish you would go sleep cause your boring the life out of me now  ;D
Logged
Everything to do with Omega's. Breaking, Servicing from Cambelts to Oil Changes... Please Pm me for details...

pauldmackay

  • Guest
Re: Driving an uninsured car....
« Reply #108 on: 21 March 2009, 23:56:52 »

I was advised by my Insurer that yes I can drive any other car as long as is a private vehicle and registered in someone elses name, and it was for emergency use only, as stated in many insurance policy books, I then asked what if the other car isn't insured by the owner of the vehicle, they then advised  -

"Well, if its not road legal for the owner to drive, it should not be on the road anyway and therefore why you need to drive it in emergency other transport should be arranged!"

 - meaning that it should only be on the road if it's insured by the owner in their own right, and you should only need drive it in a emergency situation while it's on the road

And that's from well known insurer.
« Last Edit: 22 March 2009, 00:09:22 by pauldmackay »
Logged

old git

  • Junior Member
  • **
  • Offline Offline
  • Gender: Male
  • Shrewsbury
  • Posts: 80
    • View Profile
Re: Driving an uninsured car....
« Reply #109 on: 21 March 2009, 23:57:05 »

Hi vamps

a bit heated in there maybe i may see your spares one day shall have to build my strength up Group hug we should all be friends (is that not the right wording) :)
Logged

Vamps

  • Offline Offline
  • Gender: Male
  • Bishop Middleham, Co Durham.
  • Posts: 24708
  • Flying Tonight, so Be Prepared.
    • Mig 2.6CDX and 2.2 Honda
    • View Profile
Re: Driving an uninsured car....
« Reply #110 on: 21 March 2009, 23:59:59 »

Quote
I was advised by my Insurer that yes I can drive any other car as long as is a private vehicle and registered in someone elses name, and it was for emergency use only, as stated in many insurance policy books, I then asked what if the other car isn't insured by the owner of the vehicle, they then advised  -

"Well, if it not road legal for the owner to drive, it should not be on the road anyway and therefore why you need to drive it in emergency other transport should be arranged!"

 - meaning that it should only be on the road if it's insured by the owner in their own right, and you should only need drive it it a emergency situation while it's on the road.

And that's from well know insurer.

That's what I understand........  :y
Logged

Vamps

  • Offline Offline
  • Gender: Male
  • Bishop Middleham, Co Durham.
  • Posts: 24708
  • Flying Tonight, so Be Prepared.
    • Mig 2.6CDX and 2.2 Honda
    • View Profile
Re: Driving an uninsured car....
« Reply #111 on: 22 March 2009, 00:08:15 »

Quote
Hi vamps

a bit heated in there maybe i may see your spares one day shall have to build my strength up Group hug we should all be friends (is that not the right wording) :)


PM sent
Logged

hotel21

  • Administrator
  • *****
  • Offline Offline
  • Gender: Male
  • The Kingdom of Fife
  • Posts: 13021
    • View Profile
Re: Driving an uninsured car....
« Reply #112 on: 22 March 2009, 00:44:56 »

Stuart30 - To answer your original query - is it legal for me to drive this car?

You are quite correct, the DOC extension insures the driver, not the vehicle.

As said, you are not the vehicle owner and so you dont care if its insured or not (perhaps the Ins Co will, best check) so long as your backside is in the drivers seat.

As soon as you get out, its uninsured and the owner (not you) can and does get nicked for using a vehicle without insurance or security on a public road.

How did it get there?  You drove it...  Thus valid for you to be charged with causing or permitting the offence and thus just as liable as the owner for no insurance and reported accordingly...

As said, contact your insurer and in particular, the underwriters, as it is they who sign off the claim in case of an accident, not a lass in a call centre.

legislation references:-

Road Traffic Act 1988 sections...
 
143 Users of motor vehicles to be insured or secured against third-party risks (1) Subject to the provisions of this Part of this Act—
(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
(b) a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.
(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.
(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b) that he was using the vehicle in the course of his employment, and
(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
(4) This Part of this Act does not apply to invalid carriages.
144 Exceptions from requirement of third-party insurance or security (1) Section 143 of this Act does not apply to a vehicle owned by a person who has deposited and keeps deposited with the Accountant General of the Supreme Court the sum of £15,000, at a time when the vehicle is being driven under the owner’s control.
(2) Section 143 does not apply—
(a) to a vehicle owned—
(i) by the council of a county or county district in England and Wales, the Common Council of the City of London, the council of a London borough, the Inner London Education Authority, or a joint authority (other than a police authority) established by Part IV of the [1985 c. 51.] Local Government Act 1985,
(ii) by a regional, islands or district council in Scotland, or
(iii) by a joint board or committee in England or Wales, or joint committee in Scotland, which is so constituted as to include among its members representatives of any such council,
at a time when the vehicle is being driven under the owner’s control,
(b) to a vehicle owned by a police authority or the Receiver for the Metropolitan Police district, at a time when it is being driven under the owner’s control, or to a vehicle at a time when it is being driven for police purposes by or under the direction of a constable, or by a person employed by a police authority, or employed by the Receiver, or
(c) to a vehicle at a time when it is being driven on a journey to or from any place undertaken for salvage purposes pursuant to Part IX of the [1894 c. 60.] Merchant Shipping Act 1894,
(d) to the use of a vehicle for the purpose of its being provided in pursuance of a direction under section 166(2)(b) of the [1955 c. 18.] Army Act 1955 or under the corresponding provision of the [1955 c. 19.] Air Force Act 1955,
(e) to a vehicle which is made available by the Secretary of State to any person, body or local authority in pursuance of section 23 or 26 of the [1977 c. 49.] National Health Service Act 1977 at a time when it is being used in accordance with the terms on which it is so made available,
(f) to a vehicle which is made available by the Secretary of State to any local authority, education authority or voluntary organisation in Scotland in pursuance of section 15 or 16 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 at a time when it is being used in accordance with the terms on which it is so made available.
145 Requirements in respect of policies of insurance (1) In order to comply with the requirements of this Part of this Act, a policy of insurance must satisfy the following conditions.
(2) The policy must be issued by an authorised insurer.
(3) Subject to subsection (4) below, the policy—
(a) must insure such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person or damage to property caused by, or arising out of, the use of the vehicle on a road in Great Britain, and
(b) must insure him or them in respect of any liability which may be incurred by him or them in respect of the use of the vehicle and of any trailer, whether or not coupled, in the territory other than Great Britain and Gibraltar of each of the member States of the Communities according to the law on compulsory insurance against civil liability in respect of the use of vehicles of the State where the liability may be incurred, and
(c) must also insure him or them in respect of any liability which may be incurred by him or them under the provisions of this Part of this Act relating to payment for emergency treatment.
Logged

Vamps

  • Offline Offline
  • Gender: Male
  • Bishop Middleham, Co Durham.
  • Posts: 24708
  • Flying Tonight, so Be Prepared.
    • Mig 2.6CDX and 2.2 Honda
    • View Profile
Re: Driving an uninsured car....
« Reply #113 on: 22 March 2009, 00:47:46 »

 :y :y :y :y :y :y
Logged

Vamps

  • Offline Offline
  • Gender: Male
  • Bishop Middleham, Co Durham.
  • Posts: 24708
  • Flying Tonight, so Be Prepared.
    • Mig 2.6CDX and 2.2 Honda
    • View Profile
Re: Driving an uninsured car....
« Reply #114 on: 22 March 2009, 00:51:09 »

I hope you did not type all that in.... :)
Logged

pauldmackay

  • Guest
Re: Driving an uninsured car....
« Reply #115 on: 22 March 2009, 01:01:27 »

Quote
I hope you did not type all that in.... :)

Typed up from memory alone I'm sure :y!  :y
Logged

tyreburner

  • Senior Member
  • ****
  • Offline Offline
  • Gender: Male
  • bedlington - northumberland
  • Posts: 591
  • It werent a mig but boy was it fast!!!!! R.I.P
    • View Profile
Re: Driving an uninsured car....
« Reply #116 on: 22 March 2009, 01:03:37 »

I fell foul of the law and got 6 points many moons ago, if you are driving a car that doesnt belong to/hired to you undera hp agreement etc, the car has to be insured for you to get 3rd party only insurance :y
Logged
"well at least I'm lucky I don't have all the power in the world so I can't opps everything else up."

Mr Skrunts

  • Get A Life!!
  • *****
  • Offline Offline
  • Gender: Male
  • Skruntie Land.
  • Posts: 25686
  • 3.O Elite Saloon with all the toys,
    • 2003 CD 2.2 Auto
    • View Profile
Re: Driving an uninsured car....
« Reply #117 on: 22 March 2009, 02:24:52 »

Quote
Quote
Be prepared to argue the toss if an ANPR camera picks you up -- as the vehicle will show up as uninsured.  Technically, if stopped, the second you get out to "sit in my car, sir", the vehicle is uninsured AND on a public highway --- instant crushing  ::)

The common interpretation of insured to drive any vehicle not owned or hired by you is that the vehicle must be insured in it's own right as well.

I had a simiular situation not so long ago -- spoke to my insurers to ask how much it would cost to insure the "second" car temporarily. They asked how long I wanted it covered for. I told them that a few hours would do it. So she says we will cover you free of charge, but the minimum cover period is a day ... midnight to midnight. Cover note arrived a few days later .. and all was sweetness and light !!!!


They get you one way or annother.

Get the a Garage to pick it up for the MOT
[/highlight]
Logged
Ask yourself :  " WHY do I believe in what I believe?"

Remember that my opinions expressed here are not representative of the opinions of other members on the OOF Forum.

HolyCount

  • Guest
Re: Driving an uninsured car....
« Reply #118 on: 22 March 2009, 10:39:42 »

TBH we could all do round in circles here for evermore ..... having read all that has been said on thhe subject, at the end of the day it's up to the driver to assess the risk and either drive or not.

If he makes it without interference -- all well and good and the question of whether or not it was a legao journey remains.

If he gets stopped, the story will unfold and could go either way, depending on the interpretation placed on the situation by the relevant Officer and, possibly, CPS and Courts.

Everyone is seeking to find or provide a black and white response -- truth is, this is British Law. There IS no black and white interpretation!
Logged

Lizzie_Zoom

  • Guest
Re: Driving an uninsured car....
« Reply #119 on: 22 March 2009, 11:12:50 »

I have been watching this thread with great interest.

Many people have touched on the real legal answer, but I appreciate Hotel21 knows his business and, having personally known a senior Traffic Officer for many years myself and recognise they, beyond any other police officer, understands traffic law backwards, you would be an absolute fool to ignore Hotel's professional advice!!!!  8-) 8-) 8-) 8-) 8-) ;)
« Last Edit: 22 March 2009, 11:13:33 by Lizzie_Zoom »
Logged
Pages: 1 2 3 4 5 6 7 [8] 9   Go Up
 

Page created in 0.016 seconds with 17 queries.