Any - Insurance - BEWARE - Dwight Van Driver

Road Safety (Commencement No 6 )Order 2011 will come into force on

4th February 2011

This will bring the continuous Insurance requirement under Sect 144 Road Traffic Act 1988, Road Safety Act 2006 Section 22 into force.

Not yet clear however what the reporting requirements are (like SORN VED)

Motor Vehicle (Insurance Requirement) Regs 2011 ( wef 4.2.11) exempts any vehicle not used on a road since 1.1.98 and not taxed or used since that date.

Miss mash of jumping through several badly written sections/Regs. If I get time may try and decipher.

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Any - Insurance - BEWARE - Dwight Van Driver

Had a look at the various bits and pieces and my make on all this which is similar to that already posted:

There are two, at the moment unconnected vehicle data bases. DVLA on vehicle registration/Excise duty and MIB records on vehicle Insured. Wef from 4.2.11 MIIC will have access to the DVLA records

We all are aware out obligations under Road Vehicle (Reg & Lic) Regs that is an offence to use/keep a vehicle on a road without an Excise Licence. Likewise if not taxed and off road then SORN has to be made. If vehicle is untaxed on a public place other than a dwelling and no SORN fine can result and or vehicle impounded.

What S 22 Road Safety Act 2006 is bringing in on 4.2.11 is a similar system using SORN to DVLA in relation to Insurance for vehicles.

This will not apply to the Registered Keeper who is the person keeping the vehicle and since 31.1.98 no tax was in force nor one taken out since and the vehicle has not been kept/used on a public road .

It will be an offence to keep a vehicle that does not meet Insurance requirements. In a nutshell these requirements are that Insurance has to be in force identifying the vehicle by Reg Mark so covered or

Insurance covers any vehicle or described and the owner is named in the Certificate.

Otherwise OFFENCE - £1000 fine NO POINTS and can be dealt with by FPN of £50 if paid within 21 days otherwise £100.

Offence can lead to immobilisation and removal

Exemptions from (Insurance) SORN

Vehicle is owned by person recorded as Keeper at DVLA and used with Insurance in Force.

Reg Keeper is person keeping the vehicle and vehicle not used on a road OR PUBLIC PLACE and has made ( Insurance) SORN

Reg Keeper is not at relevant time keeping the vehicle and if previously keeping has declared SORN

Vehicle was stolen and not recovered by relevant time.

It is UP TO THE PROSECUTION TO PROVE beyond reasonable doubt exemption does not apply

.

NOTE; There is no exemption to take an uninsured vehicle to a Testing Station and return as permitted in relation to MOT and Excise.

I understand that the first indication will be allletr from MIIC/DVLA pointing out No Insurance and if this is not resolved then a fine etc.

Seems to me a hell of a hammer to catch those owners that have uninsured but taxed vehicles and goes little to resolve the use of unInsured vehicles on our roads. Far better if a system could be devised where third party Insurance element was added to road fuel which I understand was in being in Australia at one time. It does however add more coppers to HMG.

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Any - Insurance - BEWARE - LucyBC
Thanks for that DVD - really interesting post. Can you clarify if you believe (as with SORN) that this applies to vehicles which are not on the road or is this a tidying up exercise?

If the latter, it occurs to me that this will mostly apply to Drive Other Cars benefits (DOC) when there is no primary policy in place but DOC could be argued to apply.

However if the vehicle with no primary policy is parked on the road by a DOC driver and left, then the current charge would be no insurance with 6-8 points for the keeper and this could provide a lesser option?

Any - Insurance - BEWARE - SteveLee
As long as the vehicle is SORNed there's nothing to worry about. Just (yet) another money making exercise to punish otherwise law abiding citizens for minor pen-pushing infringements - meanwhile the thousands upon thousands of drivers who do not bother to register the vehicle in their name - will get away with murder.
Any - Insurance - BEWARE - Dwight Van Driver

I take it Lucy that DOC will no longer be covered by Insurance requirements at S 144A (2) (4) RTA 1988 because it does not comply with the requirement:

(a) The policy covers any vehicle, the owner of which is a person named in the certificate and the vehicle is owned by that person.

It will be interested to see if Ins Companies drop the DOC clause in their certificates which will confirm what I think (at the moment)

As For SORN it appears to me once the Insurance has lapsed on a vehicle then if one is keeping it one should bang a SORN on it to DVLA. Like Excise re-insuring should remove the SORN.

As a bit of legisltaion it is a nightmare to read and understand and I am not confident that I do. Why do you legal people wrap a relatively simple procedeure up in such gobblededook.

One think for sure is that if dealing with SORN one should ensure that one has proof it was sent...........one way or another.........

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