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Red Devil

4,252 posts

77 months

[news] 
Thursday 24th May 2012 quote quote all
Zeeky said:
Once the driver takes the RK's car onto the road the RK commits the offence of not having insurance on the vehicle as required by S144A notwithstanding that the driver is insured to drive.
yes That's not in dispute.

Zeeky said:
S144A is an offence similar to no road tax so I assume it is dealt with by the DVLA although the police might report it. What is unclear is whether or not the police have the authority to act on behalf of the DVLA.
See my post above yours. The police have no need to be the servants of the DVLA or anyone else. Schedule 2A empowers them to act on their own initiative if they choose to. The immediate question is is would they? If so, it then begs the far more important one of should they?

As with much of what the previous government came up with, the result of the amendment to the RTA is an 'Alice in Wonderland' outcome and we are reliant on the powers-that-be using discretion and common sense. Given the relentless erosion by the state of the innocent until proven guilty concept when it comes to motoring issues and its insatiable desire to raid people's pockets by way of penalties and fines given any opportunity I am far from confident that sensible thought processes will prevail.


aw51 121565 said:
I think you're overestimating the "powers that be" here wink - if a law appears to be kafkaesque, I think that is just coincidental.

"Ill thought out" seems appropriate when referring to many recent laws, including the one under discussion.

As does "bad".

I mean... potentially criminalising the generally law abiding majority because of a few idiots, while failing to acknowledge and meaningfully rectify loopholes such as the use of cloned number plates rolleyes !

(Not a sarcastic post smile .)
Kafkaesque - marked by a senseless, disorienting, often menacing complexity.

Whether it is deliberate policy or muddled thinking on the part of the state is neither here nor there. The result is the same. I believe the definition above aptly describes the current state of affairs.

Zeeky

1,717 posts

81 months

[news] 
Thursday 24th May 2012 quote quote all
The regulations for enforcement can be found here Schedule 2Ai (erroneously referred to as 2A due to a drafting error) empowers the regulations to be made rather than being the applicable regulations themselves.

Regulation 9 deals with removal.


9.—(1) This regulation applies where an authorised person has reason to believe that an offence under section 144A of the 1988 Act—

(a) is being committed as regards a vehicle which is stationary on a road or other public place...


The word stationary suggests to me that the vehicle is left on the road and not stationary because a police officer has stopped the vehicle.






bulldog5046

963 posts

47 months

[news] 
Thursday 24th May 2012 quote quote all
Quinn-direct used to do something similar but alot worse!

They printed on the insurance certificates (including my own when i was 21) that i was allowed to drive another car as long as i did not own it and it was insured by another party.

The policy documents specified no age limit for it and over the phone they even gave approval.

Then, on one of the traffic cop programs they stopped someone for driving someone elses car, he produced a Quinn-Direct insurance certificate to prove he was allowed to drive it and they police phoned the insurer to confirm only to be told they wouldnt provide insurance!

not sure if they are still playing this game but it seems grossly misleading to tell people one thing and then the police another.

Pontoneer

2,568 posts

55 months

[news] 
Thursday 24th May 2012 quote quote all
Ash From Flux said:
Obviously if the vehicle is SORN it cannot be used on the road.
Ash
EXCEPT for the purpose of taking it to a pre arranged MOT test - which is what the OP wanted to do , perfectly legally .

Pontoneer

2,568 posts

55 months

[news] 
Thursday 24th May 2012 quote quote all
Ash From Flux said:
Under the continuous insurance regulations if the vehicle is not insured in its own right it must be declared SORN, in which case it can’t be driven on the road. The question of whether you would be covered under the driving of other cars benefits is somewhat of a mute point because the vehicle should not be driven on the road at all if it has been SORN’d
The correct expression is MOOT point , and the question under discussion is not one .

A vehicle under SORN can be driven to a pre arranged MOT , provided there is insurance cover in place , either by virtue of the vehicle itself being insured or by virtue of the DRIVER having suitable insurance cover himself .
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mike88

319 posts

25 months

[news] 
Thursday 24th May 2012 quote quote all
I got bored of the arguing on page 1 so skipped here.

My story.

I have a car, insured with Flux, via Equity RedStar.

I have DOC cover, I called flux who told me the "other car" DOES NOT need its own policy, so in effect I can drive ANYTHING not owned by me. They would prefer the "other car" to have its own policy to avoid calls from the police to verify, but its not essential.

I then did this, got pulled by an ANPR police car for no insurance, they gave me a 7 day producer and sent me on my merry way.

I took my insurance certificate to the local police station, and never heard anything since. This was 3 months ago.

I took an MR2 for MOT this morning. This car had no TAX, no MOT and no separate insurance on it. I wasn't worried at all about being stopped.

Edited by mike88 on Thursday 24th May 16:00

Steffan

6,190 posts

97 months

[news] 
Thursday 24th May 2012 quote quote all
mike88 said:
I got bored of the arguing on page 1 so skipped here.

My story.

I have a car, insured with Flux, via Equity RedStar.

I have DOC cover, I called flux who told me the "other car" DOES NOT need its own policy, so in effect I can drive ANYTHING not owned by me. They would prefer the "other car" to have its own policy to avoid calls from the police to verify, but its not essential.

I then did this, got pulled by an ANPR police car for no insurance, they gave me a 7 day producer and sent me on my merry way.

I took my insurance certificate to the local police station, and never heard anything since. This was 3 months ago.

I took an MR2 for MOT this morning. This car had no TAX, no MOT and no separate insurance on it. I wasn't worried at all about being stopped.

Edited by mike88 on Thursday 24th May 16:00
Interesting post.

Given the obvious deficiencies in both English and accuracy in the posts and garbled nonsense posted by Ash from Flux, it would seem to me that, you would be better putting your business, with a more reputable company. Your decision. Each to their own.

Pontoneer

2,568 posts

55 months

[news] 
Thursday 24th May 2012 quote quote all
Ash From Flux said:
Hello,

I’ll try and clarify the matter further. ...........

Once the vehicle did not have insurance it should have immediately been SORN and then not driven on the road as driving a vehicle that is not insured in its own right can open you to the below penalties: .................

We would rather not put a customer in that position and offer a temporary additional vehicle offering full cover and the vehicle would be insured in its own right for a small additional cost.

Cheers

Ash
Again , you do not take account of the fact that , in order to 'UN-SORN' a vehicle it requires an MOT and has to be taken to the test station . For those who do not happen to have car transporters THE LAW makes provision for such vehicles to be DRIVEN to the test station , provided that a test has been pre arranged and that insurance cover is in place .

Whilst a driver with valid DOC cover is at the wheel the legally required insurance cover IS in place ; as soon as he leaves the vehicle it may be uninsured - this is OK if off the public highway , for example , on the premises of the test station .

It is also permitted to drive away from the test station after the test has been concluded .

Your final statement reads as though you would rather not admit that your customer already has the neccessary cover , going by the text of your documents , but would prefer to extract further revenue from him .

TwigtheWonderkid

6,089 posts

19 months

[news] 
Thursday 24th May 2012 quote quote all
bulldog5046 said:
Quinn-direct used to do something similar but alot worse!

They printed on the insurance certificates (including my own when i was 21) that i was allowed to drive another car as long as i did not own it and it was insured by another party.

The policy documents specified no age limit for it and over the phone they even gave approval.

Then, on one of the traffic cop programs they stopped someone for driving someone elses car, he produced a Quinn-Direct insurance certificate to prove he was allowed to drive it and they police phoned the insurer to confirm only to be told they wouldnt provide insurance!

not sure if they are still playing this game but it seems grossly misleading to tell people one thing and then the police another.
If you've ever tried claiming from Quinn, you'll find they rarely provide insurance for anything. A bunch of gansters, and hated by virtually every other insurer because of the damage they've done to the overall reputation of the industry.

Steffan

6,190 posts

97 months

[news] 
Thursday 24th May 2012 quote quote all
TwigtheWonderkid said:
bulldog5046 said:
Quinn-direct used to do something similar but alot worse!

They printed on the insurance certificates (including my own when i was 21) that i was allowed to drive another car as long as i did not own it and it was insured by another party.

The policy documents specified no age limit for it and over the phone they even gave approval.

Then, on one of the traffic cop programs they stopped someone for driving someone elses car, he produced a Quinn-Direct insurance certificate to prove he was allowed to drive it and they police phoned the insurer to confirm only to be told they wouldnt provide insurance!

not sure if they are still playing this game but it seems grossly misleading to tell people one thing and then the police another.
If you've ever tried claiming from Quinn, you'll find they rarely provide insurance for anything. A bunch of gansters, and hated by virtually every other insurer because of the damage they've done to the overall reputation of the industry.
The main culprit behind Quin has gone bust for hundreds of Millions. Used the Insolvency laws to keep his money, but I think the law has caught up with him, eventually. Whether the firm still trades in that name I do not know.

Deva Link

26,934 posts

114 months

[news] 
Thursday 24th May 2012 quote quote all
bulldog5046 said:
Then, on one of the traffic cop programs they stopped someone for driving someone elses car, he produced a Quinn-Direct insurance certificate to prove he was allowed to drive it and they police phoned the insurer to confirm only to be told they wouldnt provide insurance!

not sure if they are still playing this game but it seems grossly misleading to tell people one thing and then the police another.
Hmmm....why would the Police even have called Quinn if he has correct documentation? Quinn didn't tell him he could drive, they wrote it on the Certificate so they can't evade that liability. And I can't remember any of those programmes ever identifying an insurance company.

Noger

6,779 posts

118 months

[news] 
Friday 25th May 2012 quote quote all
Deva Link said:
Quinn didn't tell him he could drive, they wrote it on the Certificate so they can't evade that liability.
They *could* if they tried hard enough.

Noger

6,779 posts

118 months

[news] 
Friday 25th May 2012 quote quote all
TwigtheWonderkid said:
If you've ever tried claiming from Quinn, you'll find they rarely provide insurance for anything. A bunch of gansters, and hated by virtually every other insurer because of the damage they've done to the overall reputation of the industry.
Now nicely re-branded after being bought by Liberty Mutual.

I disagree that they are "hated". The UK Insurance Industry had it's comeuppance with the Indy along similar lines and learned from it, considering the way the Irish tiger (both Quinn and in general) gave a "feck you with your crappy little economic growth - look at us" it was actually rather "amusing" when it all came crumbling down. Notice how, despite the hellstorm around the bank, RBS Insurance did quite well througout the GEC. Instead of being able to prop up the rest of the business, the remained solvent.

Quinn, like Bright, may well go down for a bit. But he is savvy enough, like Bright, to have squirreled enough away to seem him through.

Steffan

6,190 posts

97 months

[news] 
Friday 25th May 2012 quote quote all
Noger said:
TwigtheWonderkid said:
If you've ever tried claiming from Quinn, you'll find they rarely provide insurance for anything. A bunch of gansters, and hated by virtually every other insurer because of the damage they've done to the overall reputation of the industry.
Now nicely re-branded after being bought by Liberty Mutual.

I disagree that they are "hated". The UK Insurance Industry had it's comeuppance with the Indy along similar lines and learned from it, considering the way the Irish tiger (both Quinn and in general) gave a "feck you with your crappy little economic growth - look at us" it was actually rather "amusing" when it all came crumbling down. Notice how, despite the hellstorm around the bank, RBS Insurance did quite well througout the GEC. Instead of being able to prop up the rest of the business, the remained solvent.

Quinn, like Bright, may well go down for a bit. But he is savvy enough, like Bright, to have squirreled enough away to seem him through.
I do appreciate the information and the RBS comments. However, I am not sure the use if the word savvy is entirely appropriate. Less than honest might be. Too many small businessmen get caught by these wheeler dealers, as I know from trying to sort their problems out following big PLC collapses. grumpy

Devil2575

4,451 posts

57 months

[news] 
Friday 25th May 2012 quote quote all
In defence of Adrian Flux, I've used for insurance in the past and been happy with the product and service.

I personally wouldn't drive a car using my DOC cover that didn't have a separate policy covering it.

LongQ

8,840 posts

102 months

[news] 
Saturday 26th May 2012 quote quote all
Deva Link said:
bulldog5046 said:
Then, on one of the traffic cop programs they stopped someone for driving someone elses car, he produced a Quinn-Direct insurance certificate to prove he was allowed to drive it and they police phoned the insurer to confirm only to be told they wouldnt provide insurance!

not sure if they are still playing this game but it seems grossly misleading to tell people one thing and then the police another.
Hmmm....why would the Police even have called Quinn if he has correct documentation? Quinn didn't tell him he could drive, they wrote it on the Certificate so they can't evade that liability. And I can't remember any of those programmes ever identifying an insurance company.
A document proves nothing. The policy could have been cancelled after it was made available. These days with email delivery and self printing anything could happen. Hence the check.


Several years ago under a different set of rules that existed then the slightly wayward lad of a former neighbour set fire to a car parked off the road at a nearby house. The car was worth a few thousand at the time - for relative reference a BMW worth about half its original list price.

The car was off the road pending sale or something and was untaxed and uninsured to save a few bob. The lad was a teenager with no income.

The owner, so far as I am aware, had to accept the almost total loss. I seem to recall that the lad wad told to pay compensation but how much that amounted to over how long I don't recall. It may never have been paid of course.

Thus the need for at least fire and theft cover for the car as property even if not used on the road became very obvious, especially if the the property is not a banger of some kind (and so worth less than the insurance premium.)

Ironically the pyromaniac's father was, at that time, an airport based specialist fireman.

lost in espace

3,359 posts

76 months

[news] 
Saturday 26th May 2012 quote quote all
I seem to remember a court case discussed on PH where the policyholder was driving someone elses car, and his policy did not state that the car needed to be covered by a policy in its own right for the policyholders insurance to be valid. The court decided he was insured.

Steffan

6,190 posts

97 months

[news] 
Saturday 26th May 2012 quote quote all
lost in espace said:
I seem to remember a court case discussed on PH where the policyholder was driving someone elses car, and his policy did not state that the car needed to be covered by a policy in its own right for the policyholders insurance to be valid. The court decided he was insured.
I also think there was such a post.

I have no doubt that, if the insurance certificate says that the insurer can drive other vehicles on the policy, that cover is legally enforceable.

If the wording includes the caveat that the other vehicle must be separately insured at the time then that caveat will apply. No caveat: no restriction.

The reason why I regularly check my other cars insurance, before driving, is that I have been pulled several times bu the Police. Insurance was always confirmed, either by phone call or certificate if I had it with me.

But being stopped is boring and time wasting I could do without. I have never been stopped by the Police for an insurance check if the MID database showed insurance on that car.

My concern is the dithering by Adrian Flux. Clearly the staff do not know the facts accurately or the legal requirements in detail. Look at the posts and draw your own conclusions.

I want a simple "Yes he is insured by us to drive any vehicle" reply to any inquiry to Mid from the Police.

Not a " Oh he might be, Dearie Me, I need to ask a supervisor. Oh Dear, this is complicated, I am not sure, can I call you back?", nonsense from AF.

This is NOT a difficult subject. The AF replies make it so. I do not need that complexity.






Deva Link

26,934 posts

114 months

[news] 
Saturday 26th May 2012 quote quote all
Steffan said:
lost in espace said:
I seem to remember a court case discussed on PH where the policyholder was driving someone elses car, and his policy did not state that the car needed to be covered by a policy in its own right for the policyholders insurance to be valid. The court decided he was insured.
I also think there was such a post.

I have no doubt that, if the insurance certificate says that the insurer can drive other vehicles on the policy, that cover is legally enforceable.
Exactly - so it's hard to understand why that case, if correct, would have reached court.

Steffan said:
My concern is the dithering by Adrian Flux. Clearly the staff do not know the facts accurately or the legal requirements in detail. Look at the posts and draw your own conclusions.

I want a simple "Yes he is insured by us to drive any vehicle" reply to any inquiry to Mid from the Police.

Not a " Oh he might be, Dearie Me, I need to ask a supervisor. Oh Dear, this is complicated, I am not sure, can I call you back?", nonsense from AF.

This is NOT a difficult subject. The AF replies make it so. I do not need that complexity.
I'm sure there's a case on here where Police called the insurer of someone using DOC and they said he wasn't covered. So Police impounded the car, which of course then couldn't be released until it had its own insurance. The insurance company admitted afterwards that they'd given the Police the wrong information.

Red Devil

4,252 posts

77 months

[news] 
Sunday 27th May 2012 quote quote all
Deva Link said:
I'm sure there's a case on here where Police called the insurer of someone using DOC and they said he wasn't covered. So Police impounded the car, which of course then couldn't be released until it had its own insurance. The insurance company admitted afterwards that they'd given the Police the wrong information.
Wrong information by the call handler at Saga led to seizure in Pryor v GMP which has already been mentioned in this thread, The Court of Appeal ruled that the seizure was not lawful. I am not aware of any subsequent case which overturns that judgement.

The crux of it is in paragraph 17. This highlights the risks posed to both the police (Pryor sued for wrongful interference with goods) and the motorist (who is seriously inconvenienced and put to unnecessary expense) by call centre staff who get it wrong. Whether that be because they are ignorant, incompetent, lazy, or simply poorly trained makes no difference. The end result is the same.

Given that the driver also risks
- a conviction
- an IN10 endorsement on their licence
- penalty points
- a fine
- subsequent increased premiums
it seems only fair to me that the organisation whose employee provides the incorrect information be subject to some sort of sanction as a deterrent and a reminder of their obligations.


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