No Insurance

What is the law on insurance?

Any motor propelled vehicle which is not subject to a Statutory off road Notice (SORN), must be insured for a minimum of third party risk. If you own / use a vehicle that is not SORN, the offence is committed.

Section 143 of the Road Traffic Act 1988

What is the penalty for no insurance?

Although the Police have an option to resolve no insurance allegations by a 6 points/£300 Fixed Penalty Notice, if the case is referred to Court via the Single Justice Procedure Notice process, the Court can impose from 6 to 8 penalty points, plus a fine up to £5,000.

Can I be banned from driving?

Yes. The offence can carry an instant disqualification. The Court will demand a personal attendance if the offence is felt to be serious enough to justify disqualification.

Can I reduce the penalty?

Yes. If you admit the offence, mitigation may limit the penalty to 6 points and a fine close to £300.

Is there a defence to no insurance?

No insurance is an "absolute offence", meaning the allegation is proved if you cannot produce a valid insurance certificate. There are potential defences if the failure to insure was caused by the insurance company or your employer, if driving a company vehicle. Whilst other misunderstandings / errors are unlikely to amount to a defence, in some circumstances, you may avoid a penalty by establishing Special Reasons, for example, if you relied upon another party to arrange insurance on your behalf. However, each case is unique, so you should seek guidance if you feel the error was not of your making.

What if I failed to respond to the Fixed Penalty Notice?

Do not assume that simply because you failed to respond to a Fixed Penalty Notice, the Court will be inclined to impose a similar penalty. It is quite likely, subject to the mitigation presented, that the Court will be looking to increase the penalty points/fine. To prevent an increased penalty, it is essential that your mitigation deals with appropriate issues. Seek guidance before you reply.