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[Sir_Mixalot]

Just a quick question...

If you lend your car to someone, who claims to be insured (but isn't) then they get pulled over and charged, as the registered owner(/keeper?) are you liable for prosecution as well?

[Markie]

as far as i know, and i am no expert on this, yes technically as its your responsibility to ensure they are legal to drive.

Hotel 21 is your best bet for a factual answer!  

[STMO123]

as far as i know, and i am no expert on this, yes technically as its your responsibility to ensure they are legal to drive.

Hotel 21 is your best bet for a factual answer!  

You are correct I think Markie. I'm afraid its the old 'ignorance is no excuse' thingy.


BTW Markie, that ZTT is still very cheap

[rob114]

Well no insurance is an 'absolute offence' which means you have it or you don't - guilty/not guilty! With Road traffic act offences you can 'use','permit' or 'cause' (with use being the worst!)

However,at this current time it is not an offence to be a registered keeper without insurance.

The main question would be has the driver any insurance?

Your liability as the reg keeper could apply if he was driving on your insurance and you knew he didn't have a license. Or as an employer cause an employee to drive without insurance.

You would not commit an offence for lending your private motor vehicle to a mate in itself - they would be liable for insurance however your own insurance company would require you tell them. Of course,it depends on what your mate tells the police if stopped that could land you in it!

Clear as mud I know

    

[Markie]

as far as i know, and i am no expert on this, yes technically as its your responsibility to ensure they are legal to drive.

Hotel 21 is your best bet for a factual answer!  

You are correct I think Markie. I'm afraid its the old 'ignorance is no excuse' thingy.


BTW Markie, that ZTT is still very cheap

i know i am watching the ZTT - its a cracker   but alas i think too far away, plus i think i am going for a Pajero  

[rob114]

143.—(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.

[Markie]

 

You are well informed  

[Sir_Mixalot]

Excellent cheers for the help, got the police coming round tommrow for a "chat" and wanted to make sure I didn't get any nasty suprises.

[Phil]

plus i think i am going for a Pajero  

I would check what pajero means in spanish before making comments like that  

Then all will become aparent why the Shogun is called the Pajero everwhere in Europe apart from Spain  

[Markie]

 

shogun for me then!

[Martin_1962]

plus i think i am going for a Pajero  

I would check what pajero means in spanish before making comments like that  

Then all will become aparent why the Shogun is called the Pajero everwhere in Europe apart from Spain  

It comes back as pajero

[Markie]

plus i think i am going for a Pajero  

I would check what pajero means in spanish before making comments like that  

Then all will become aparent why the Shogun is called the Pajero everwhere in Europe apart from Spain  

It comes back as pajero

search for "Pajero in Spanish" in google.....or think of the film " meet the Fockers"

[nixoro]

Excellent cheers for the help, got the police coming round tommrow for a "chat" and wanted to make sure I didn't get any nasty suprises.

Good Luck with the chat  

[hotel21]

Couple of things on this thread.

Reg keeper and owner are two seperate things, so one can be reported seperate to the other for motoring offences.   Rob114 is quite correct as regards registered keeper in this case (but there are others where it is NOT the case)

See previous threads regarding Driving Other Cars insurance question (DOC extension) for fuller ins and outs.

In the briefest of circumstances as originally posted in this thread, the owner did not view any insurance certificate claimed to be in force by the person to whom the car was lent.  I would suggest that this was an unfortunate oversight which may well have an equally unfortunate ending for the car owner in court.  

Yes, 143(3) allows an exemption but this only applies to employee/employer.  The car owner (employer) is still liable for insurance requirements and the car driver, employee, would be a witness.

In original case, the car owner causes or permits the no insurance offence by permitting the driver to use it on a public road.  If he/she had said no, then car would no have been used and no offence committed.  

As others have said, unfortunately ignorance of the law is no excuse and I would not be surprised if the 'chat' turns into being reported for a 143 as well.  

The alternative which prevents the owner being reported for any 143 offence is if the car was taken without the owners consent.  The driver would be additionally charged with a suitable offence (TWOC in England?? - RTA 1988 sect 178 up here) but this avenue is fraught with difficulty and danger if not strictly true..........



  

[Martin_1962]

plus i think i am going for a Pajero  

I would check what pajero means in spanish before making comments like that  

Then all will become aparent why the Shogun is called the Pajero everwhere in Europe apart from Spain  

It comes back as pajero

search for "Pajero in Spanish" in google.....or think of the film " meet the Fockers"

Ah let's test the filter self-abuser - the W word!!!