Speeding and no insurance.
Discussion
So, sounds bad doesn't it... speeding and no insurance?
Here's the picture, on a recent trip to Scotland with a couple of friends we decided to share the driving on the way back to Yorkshire, half way back down through Scotland, I'm driving my friends car (on a motorway) and get done by a Police car on a bridge with a laser gun... 97 in a 70, they pull us over, I explain the car is my friends and we're sharing the driving. The officer checks my insurance and I'm not covered at all to drive my friends car... admittedly, Yes, I know I should have checked before I got into the drivers seat but It was to my knowledge if you have fully comp insurance you can drive another car 3rd party... evidently this wasn't the case. Perhaps I was too blasé and nothing ever crossed my mind to check.
The officers we're very nice about everything, even suggested they'd advise in their report that the traffic conditions we're light and the weather conditions excellent, and that this may work in my favour, they advised they'd be delicate in their report and even joked about the incompetence of the lady on the phone from the insurance company ... etc etc.
This was a few months ago now and I am aware that I can be waiting up to 6 months to get the dreaded letter in the post. What I'd like to know is if anyone can suggest, or has had any experience as to what sort of prosecution / punishment I'm to expect? and if I am awarded 12 points, can I challenge this in light of this being my 1st only driving offence(s)
I'm not one to worry but I'm stressing slightly as I need my car to travel between sites for work. and its a type of car that isn't cheap to insure on a clean licence, so I have already accepted the fact I will most likely have to sell up.
Regards.
Here's the picture, on a recent trip to Scotland with a couple of friends we decided to share the driving on the way back to Yorkshire, half way back down through Scotland, I'm driving my friends car (on a motorway) and get done by a Police car on a bridge with a laser gun... 97 in a 70, they pull us over, I explain the car is my friends and we're sharing the driving. The officer checks my insurance and I'm not covered at all to drive my friends car... admittedly, Yes, I know I should have checked before I got into the drivers seat but It was to my knowledge if you have fully comp insurance you can drive another car 3rd party... evidently this wasn't the case. Perhaps I was too blasé and nothing ever crossed my mind to check.
The officers we're very nice about everything, even suggested they'd advise in their report that the traffic conditions we're light and the weather conditions excellent, and that this may work in my favour, they advised they'd be delicate in their report and even joked about the incompetence of the lady on the phone from the insurance company ... etc etc.
This was a few months ago now and I am aware that I can be waiting up to 6 months to get the dreaded letter in the post. What I'd like to know is if anyone can suggest, or has had any experience as to what sort of prosecution / punishment I'm to expect? and if I am awarded 12 points, can I challenge this in light of this being my 1st only driving offence(s)
I'm not one to worry but I'm stressing slightly as I need my car to travel between sites for work. and its a type of car that isn't cheap to insure on a clean licence, so I have already accepted the fact I will most likely have to sell up.
Regards.
I'd expect to get 6 points.
As far as I know the following still applies:
edit: Having said that the next point in the legislation says that Magistrates can disregard this at will?
As far as I know the following still applies:
RTA 1988 said:
Where a person is convicted (whether on the same occasion or not) of two or more offences committed on the same occasion and involving obligatory endorsement, the total number of penalty points to be attributed to them is the number or highest number that would be attributed on a conviction of one of them (so that if the convictions are on different occasions the number of penalty points to be attributed to the offences on the later occasion or occasions shall be restricted accordingly).
http://www.legislation.gov.uk/ukpga/1988/53/sectio...edit: Having said that the next point in the legislation says that Magistrates can disregard this at will?
Edited by Durzel on Thursday 6th August 07:22
OllieS5 said:
So, sounds bad doesn't it... speeding and no insurance?
Yes, I know I should have checked before I got into the drivers seat but It was to my knowledge if you have fully comp insurance you can drive another car 3rd party... evidently this wasn't the case.
Hasn't been the case for some time although because it used to be common many assume it still is. Yes, I know I should have checked before I got into the drivers seat but It was to my knowledge if you have fully comp insurance you can drive another car 3rd party... evidently this wasn't the case.
You're not the first to be caught out & I doubt you'll be the last so hopefully others will benefit from your experience.
It depends on the insurer. Some do (e.g. http://www.aviva.co.uk/contact-us/faq/answer/3113/ ) others don't.
If your policy has such cover, the Certificate will say so. If it's not specifically stated then you don't have it.
If your policy has such cover, the Certificate will say so. If it's not specifically stated then you don't have it.
Rtype said:
SP50 - 3 Points & 100 fine.
IN10 - 6 points & Fine based on earnings.
.
Completely wrong.IN10 - 6 points & Fine based on earnings.
.
Speeding is 3-6pp. Income based fine.
No insurance is 6-8pp. Income based fine.
However, they won't generally aggregate points for multiple offences committed on the same occasion.
You could be banned instead of a penalty point endorsement.
You should get help from a Scottish solicitor / advocate / whatever.
agtlaw said:
Rtype said:
SP50 - 3 Points & 100 fine.
IN10 - 6 points & Fine based on earnings.
.
Completely wrong.IN10 - 6 points & Fine based on earnings.
.
Speeding is 3-6pp. Income based fine.
No insurance is 6-8pp. Income based fine.
However, they won't generally aggregate points for multiple offences committed on the same occasion.
You could be banned instead of a penalty point endorsement.
You should get help from a Scottish solicitor / advocate / whatever.
So you haven't said anything useful as of yet.
Edited by Rtype on Thursday 6th August 13:01
t and has been very helpful to a lot of PH members so you might want to consider winding your neck in just a touch.Rtype said:
Wow - Im completely wrong yet you haven't changed a single bit of information I presented. you wont be given 6 points for a 97 in a 70 in tandem with the other offence (as everyone keeps pointing out).. and for multiple offence (again) you wont be at 8 points for a IN10. So therefore I remain correct and you have simply quoted what I presented and added the maximum penalty which we are all in agreement he wont get.
So you haven't said anything useful as of yet.
Quoted so I remember which utter morons to ignore in future.So you haven't said anything useful as of yet.
OllieS5 said:
...but It was to my knowledge if you have fully comp insurance you can drive another car 3rd party...
Just interested in the thought process here - why did you think you'd be covered? I've had arguments with people at work who are named drivers on their Mum's policy and are absolutely adamant that it's OK for them to drive any vehicle.
It's simple.
The policy will be clear about who is insured to drive which vehicle subject to what conditions. In event of an ambiguity the insurer will provide clarity.
DOC used to be more widespread but as I understand it, some insurers are no longer making it a default term, but there is no "standard".
The policy will be clear about who is insured to drive which vehicle subject to what conditions. In event of an ambiguity the insurer will provide clarity.
DOC used to be more widespread but as I understand it, some insurers are no longer making it a default term, but there is no "standard".
Rtype said:
agtlaw said:
Rtype said:
SP50 - 3 Points & 100 fine.
IN10 - 6 points & Fine based on earnings.
.
Completely wrong.IN10 - 6 points & Fine based on earnings.
.
Speeding is 3-6pp. Income based fine.
No insurance is 6-8pp. Income based fine.
However, they won't generally aggregate points for multiple offences committed on the same occasion.
You could be banned instead of a penalty point endorsement.
You should get help from a Scottish solicitor / advocate / whatever.
So you haven't said anything useful as of yet.
Edited by GC8 on Thursday 6th August 17:53
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