Quick Insurance Question for BiB
Discussion
Is it legally OK for a car to be uninsured if it is parked off the road (private car park for block of flats) and not driven on the road? There's no clause about "reasonable public access" or anything like there is for damage caused to cars is car parks and that sort of thing is there?
Government about to introduce a law demandng continuous insurance, even for vehicles off road, in restoration project status, derelict and so on and so on.
Automatic fine of £100 mooted if renewed even as little as a day late.
Regarding the question, technically if this is not the public highway I would say not, but if this is an area to which the public have regular access then consider the position that your vehicle catches fire and damages the vehicle parked next to it. Sod's law would come into force and mean the damaged vehicle is a Bentley.
Automatic fine of £100 mooted if renewed even as little as a day late.
Regarding the question, technically if this is not the public highway I would say not, but if this is an area to which the public have regular access then consider the position that your vehicle catches fire and damages the vehicle parked next to it. Sod's law would come into force and mean the damaged vehicle is a Bentley.
Cool down Hedders. Stop that smoke coming out of your ears.
Insurance relates to what is a Motor vehicle not a piece of Ikea.
I think what they have planned is a system similar to SORN re Excise and could be tied in with this at DVLA. If it's not on the road then you report as such and Insurance suspended.
Eventually, I suppose this will also apply to MOT and with computor records of DVLA, MiB, Vosa(MOT) Powers That Be will have a full history on the state of the documention of the vehicle (and when ID Card come in the owner as well including his inside leg measurement.)
My worry is GIGO.
DVD
>> Edited by Dwight VanDriver on Sunday 27th February 11:08
Insurance relates to what is a Motor vehicle not a piece of Ikea.
I think what they have planned is a system similar to SORN re Excise and could be tied in with this at DVLA. If it's not on the road then you report as such and Insurance suspended.
Eventually, I suppose this will also apply to MOT and with computor records of DVLA, MiB, Vosa(MOT) Powers That Be will have a full history on the state of the documention of the vehicle (and when ID Card come in the owner as well including his inside leg measurement.)
My worry is GIGO.
DVD
>> Edited by Dwight VanDriver on Sunday 27th February 11:08
I've read the consultation papers again and a little more clarification is needed.
From HM Govt consultation papers we find
reference to Road Traffic Act Sect 143 shows
interpretation of road is as follows
So how "private" is the car park?
Is it safe to assume that SORN will be declared and continuously?
Equally way I see it if anyone has a shell/vehicle in their barn which they wish to retain the VRN etc then they have to declare SORN and keep the declaration current otherwise they will be liable either to insure according RTA or find they will be penalised on the insurance front in addition to the failure to tax/declare SORN side of things.
And as for my inside leg measurement..... Suits You Sir! Suits you!
From HM Govt consultation papers we find
DfT said:
Proposed solution
Our aim is to put in place an effective prevention scheme that deters people from driving uninsured but which does not require police intervention, and will have a minimum impact on the honest motorist. We therefore intend to make it possible to prosecute a person for having control of an uninsured vehicle without first having to catch him using it on a road.
We propose to introduce legislation making it an offence to be the registered keeper of a vehicle the use of which is not insured in accordance with section 143 of the Road Traffic Act 1988. Such an offence would not require the police to prove that the vehicle was in use on the road. Subject to certain exemptions, the possession of a vehicle without valid insurance would be an offence. Liability would rest with the keeper of the vehicle.
This would be a new offence, additional to the existing offence of "using a vehicle on a road or other public place without third party insurance" as required by Section 143 of the Road Traffic Act 1988. The new offence would initially attract a fixed penalty of £100. If, after the issue of a fixed penalty notice, the vehicle continued to have no policy of insurance for its use then the case could be prosecuted in the Magistrates Courts. It is proposed that the maximum penalty on prosecution be a fine at level 3 (£1000). The new offence would not attract endorsements on a Driving Licence. Its purpose would be to deliver a sharp lesson to those motorists who fail to renew their insurance on time, and to deter all motorists from committing the more serious offence of actually driving whilst uninsured.
There are a number of circumstances in which the registered keeper of a motor vehicle has no intention of driving or keeping the vehicle on the road and who therefore may assume that they have no need for insurance. Examples would include a vehicle that is off the road for repairs or restoration, or a vehicle which is laid up during the winter months. Providing that the keeper has made a Statutory Off Road Declaration (SORN) to the Driver and Vehicle Licensing Agency (DVLA), there would be no requirement for insurance to be in place.
In order to make the proposed legislation effective we intend to make it possible for the enforcement authorities to compare the details on the vehicle register kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 ("VERA") with those on the Motor Insurers' Database, and to prosecute "from the record".
reference to Road Traffic Act Sect 143 shows
RTA 1988 sect 143 said:
(a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
(b) a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.
interpretation of road is as follows
RTA1988 sect 192 said:
"road", in relation to England and Wales, means any highway and any other road to which the public has access, and includes bridges over which a road passes,
So how "private" is the car park?
Is it safe to assume that SORN will be declared and continuously?
Equally way I see it if anyone has a shell/vehicle in their barn which they wish to retain the VRN etc then they have to declare SORN and keep the declaration current otherwise they will be liable either to insure according RTA or find they will be penalised on the insurance front in addition to the failure to tax/declare SORN side of things.
And as for my inside leg measurement..... Suits You Sir! Suits you!
car park is round the back of a small block of flats (not really a car park, drive leads round the side of the flats and there are garages and a few spaces where cars can be left).
Car will be insured first thing Monday morning, situation is due to insurance company opening hours 9-5 Mon-Fri and me not being aware of this.
All of this is hypothetical, natch.
There is the option of putting it in the garage but this involves moving an awful lot of stuff.
Car will be insured first thing Monday morning, situation is due to insurance company opening hours 9-5 Mon-Fri and me not being aware of this.
All of this is hypothetical, natch.
There is the option of putting it in the garage but this involves moving an awful lot of stuff.
ok... heres one...
you race your car in a historic racing series, but the car never goes onto the public highway, so is SORN'd. you dont insure it as at the bottom of every insurance certificate it states 'not to be used for pace making, speed trials' etc........ (thus the insurance would be void from day 1.. consequently a waste of money)
where would you stand when the new law comes in??
you race your car in a historic racing series, but the car never goes onto the public highway, so is SORN'd. you dont insure it as at the bottom of every insurance certificate it states 'not to be used for pace making, speed trials' etc........ (thus the insurance would be void from day 1.. consequently a waste of money)
where would you stand when the new law comes in??
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