Driving Without Insurance Solicitor Birmingham

Section 143(1) of the Road Traffic Act 1988 makes it an offence to use, or cause or permit another to use, a motor vehicle on a road or public place without there being in force a policy of insurance that covers third-party risks. The prosecution must prove that the vehicle was being used on a road or public place and that no valid insurance policy covered that use.

The offence is strict liability in the sense that an honest belief that you were insured is not a defence. It is sufficient for the prosecution to prove that no valid insurance was in force, regardless of the reason. However, an honest belief that insurance was in force is relevant to mitigation and may support a special reasons argument.

The court must endorse the licence with between six and eight penalty points unless there are special reasons not to do so. Alternatively, the court may disqualify at its discretion rather than endorse. The discretionary disqualification is used where the court views the offence as particularly serious.

The IN10 endorsement code remains on the driving licence for four years from the date of the offence. During this period, the driver must declare the endorsement to insurers, and premiums are significantly higher as a result. For young drivers, the cost of insurance following an IN10 can be very substantial.

The fine is unlimited, calculated by reference to the defendant’s weekly income at Band B (75% of weekly income).

Special reasons are circumstances relating to the offence that may persuade the court not to endorse or disqualify even where the offence is proved. Recognised special reasons for no-insurance cases include: a genuine and reasonable belief that valid insurance was in force (for example, where a named driver was told by the insurer or policy holder that they were covered); driving in a genuine emergency where no other course was available; and driving on private land that was not a road or public place.

Special reasons must be established by evidence. David advises on whether a special reasons argument is available and prepares the supporting evidence for the hearing.

Where a no-insurance conviction would take a driver to 12 or more points, the court must consider disqualification. David makes exceptional hardship applications in these circumstances. Where the driver is a new driver within two years of passing their test, six points from a no-insurance conviction will trigger automatic licence revocation.