section 22 of the road safety act 2006 - taxed but off road
Discussion
I was sent a letter from the ABI last month telling me that my car (a run about I bought last year to get me over a write off whilst waiting for the a payout), was uninsured and needed to be otherwise I would be fined. I ignored it as the car is off the road and unused whilst I get my arse in gear to sell it.
A month later I get a letter from the DVLA to tell me that under the law stated in the thread title, I have committed an offence. WTAF! As the tax was paid (and very cheap) I'd let it run in case anyone wanted to test drive it when I advertised it for sale but it was uninsured and off the road at my risk.
At the bottom of the letter it states "Section 22 of the Road Safety Act 2006 amends the Road Traffic Act 1988 by introducing a new offence of keeping a vehicle with no insurance (under Section 144A) of the Road Traffic Act 1988."
Now I have the act open here http://www.legislation.gov.uk/ukpga/2006/49/sectio... and I don't see this offence listed.
I don't see how I have committed an offence.
In typical fashion (these days) they are asking me for £50 and to SORN the car immediately or next month £100 and SORN the car or go to court to risk a £1000 fine.
Has anybody come across this nonsense before. Do I have a leg to stand on? Is a car deemed to be "on the road" unless I SORN it, is this not guilty until proven innocent again (like speeding fines)?
A month later I get a letter from the DVLA to tell me that under the law stated in the thread title, I have committed an offence. WTAF! As the tax was paid (and very cheap) I'd let it run in case anyone wanted to test drive it when I advertised it for sale but it was uninsured and off the road at my risk.
At the bottom of the letter it states "Section 22 of the Road Safety Act 2006 amends the Road Traffic Act 1988 by introducing a new offence of keeping a vehicle with no insurance (under Section 144A) of the Road Traffic Act 1988."
Now I have the act open here http://www.legislation.gov.uk/ukpga/2006/49/sectio... and I don't see this offence listed.
I don't see how I have committed an offence.
In typical fashion (these days) they are asking me for £50 and to SORN the car immediately or next month £100 and SORN the car or go to court to risk a £1000 fine.
Has anybody come across this nonsense before. Do I have a leg to stand on? Is a car deemed to be "on the road" unless I SORN it, is this not guilty until proven innocent again (like speeding fines)?
This has been enforced for years, very suprised you`ve missed it
Taxed = must be insured
Not Insured = must be sorned
Apparently it stops people driving around without tax or insurance, Instead they just drive around with neither.
You have two options, insure it or SORN it - take your pick
Taxed = must be insured
Not Insured = must be sorned
Apparently it stops people driving around without tax or insurance, Instead they just drive around with neither.
You have two options, insure it or SORN it - take your pick
Who_Goes_Blue said:
This has been enforced for years, very suprised you`ve missed it
I guess I missed it because like most law abiding people, we don't expect to be penalized for doing nothing wrong or that clerical issues should be dealt with in such a heavy handed manner. It another piece of Blair era legislation that just criminalizes people by bureaucratic overreach.Looks like a lube up and pay then.
XM5ER said:
I was sent a letter from the ABI last month telling me that my car (a run about I bought last year to get me over a write off whilst waiting for the a payout), was uninsured and needed to be otherwise I would be fined. I ignored it
XM5ER said:
In typical fashion (these days) they are asking me for £50 and to SORN the car immediately or next month £100 and SORN the car or go to court to risk a £1000 fine.
.... I'm struggling to see what the issue is - you had a warning.XM5ER said:
Who_Goes_Blue said:
This has been enforced for years, very suprised you`ve missed it
I guess I missed it because like most law abiding people, we don't expect to be penalized for doing nothing wrong or that clerical issues should be dealt with in such a heavy handed manner. It another piece of Blair era legislation that just criminalizes people by bureaucratic overreach.Looks like a lube up and pay then.
I guess you missed it because you didn't check the law regarding tax and insurance, therefore you made yourself a non-law abiding criminal.
sherbertdip said:
XM5ER said:
Who_Goes_Blue said:
This has been enforced for years, very suprised you`ve missed it
I guess I missed it because like most law abiding people, we don't expect to be penalized for doing nothing wrong or that clerical issues should be dealt with in such a heavy handed manner. It another piece of Blair era legislation that just criminalizes people by bureaucratic overreach.Looks like a lube up and pay then.
I guess you missed it because you didn't check the law regarding tax and insurance, therefore you made yourself a non-law abiding criminal.
XM5ER said:
The car was taxed but off the road, if this makes me a criminal then the law is an ass. That said, the relevant law about this is extremely vague, perhaps you should read the link. Furthermore, the law quoted on my penalty notice is quoted incorrectly to appear more onerous. It stinks, but I'll divvy up like most people will because I have a life to get on with.
Then why post on here about it? The law is clear on this.HantsRat said:
XM5ER said:
The warning came from a non official source
ABI is Association of British Insurers. Completely legit. Maybe next time check the source if you suspect junk mail rather that just presuming. The ABI was tipping you off and could be perverting the course of justice, just like people that flash their headlights to warn you of a speedtrap 
How did you ever know that your car needed tax or insurance? These are requirements that we just absorb, I don't remember being taught. CIE is counterintuitive and therefore should be handled a little less aggressively than being caught driving without insurance IMO.

How did you ever know that your car needed tax or insurance? These are requirements that we just absorb, I don't remember being taught. CIE is counterintuitive and therefore should be handled a little less aggressively than being caught driving without insurance IMO.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff



