NEED HELP. ANYONE GOT WILKINSONS RTA 21st EDITION?
Discussion
Hi. New to this so be gentle!
i am passionate about cars and since i was 17 have been fixing, buying, selling, crashing and having good times with them. in and out of the trade and now sell a couple a month to keep my hand in. i have 2 personal cars parked outside my home and at present have a 325i coupe (sorned) and an escort parked 2 streets away at my mother in laws.
At 12.45 am on tuesday morning i was woken by the 'knock' of the local police. when i opened the door i was confronted by a very rude female officer and her male side kick (older and looking sheepish may i add).
she asked if i was the owner of the escort parked in the cul-d-sac round the corner. i said that i was at which point she started with 'you have the rite' etc.
i was cautioned and reported for the offence of using a un insured car on public roads!
as far as i knew so long as the car was parked and taxed it was legal. after several calls to northumbrai police, the d.o.t and the dvla i was directed to the road traffic act 1988 section 143. this states that 'using' a car on the road not insured is an offence.
i was in bed at the time, the car was 2 streets away and the keys were in my daily drive 15 miles away locked in my depot!
you can only imagine how happy i was that they had woke my family up for such an anal bit of policing.
by the by. to get round this and hopefully stick 2 fingers up at a stroppy police woman i need to know the defination of 'using' which can be found in WILKINSON'S ROAD TRAFFIC ACT 21st EDITION sec 1.205 (i think)i would just pop to wh smiths and get one but the £300 price tag scared me.
all comments and help will be greatly appreciated.
thanks in advance
i am passionate about cars and since i was 17 have been fixing, buying, selling, crashing and having good times with them. in and out of the trade and now sell a couple a month to keep my hand in. i have 2 personal cars parked outside my home and at present have a 325i coupe (sorned) and an escort parked 2 streets away at my mother in laws.
At 12.45 am on tuesday morning i was woken by the 'knock' of the local police. when i opened the door i was confronted by a very rude female officer and her male side kick (older and looking sheepish may i add).
she asked if i was the owner of the escort parked in the cul-d-sac round the corner. i said that i was at which point she started with 'you have the rite' etc.
i was cautioned and reported for the offence of using a un insured car on public roads!
as far as i knew so long as the car was parked and taxed it was legal. after several calls to northumbrai police, the d.o.t and the dvla i was directed to the road traffic act 1988 section 143. this states that 'using' a car on the road not insured is an offence.
i was in bed at the time, the car was 2 streets away and the keys were in my daily drive 15 miles away locked in my depot!
you can only imagine how happy i was that they had woke my family up for such an anal bit of policing.
by the by. to get round this and hopefully stick 2 fingers up at a stroppy police woman i need to know the defination of 'using' which can be found in WILKINSON'S ROAD TRAFFIC ACT 21st EDITION sec 1.205 (i think)i would just pop to wh smiths and get one but the £300 price tag scared me.
all comments and help will be greatly appreciated.
thanks in advance
The term 'use' has a much wider connotation than it at first may seem. It's more like 'to have use of'. It has been held that even where a car is on a road with four flat tyres, it is still in use whether it can actually be moved at the material time or not.
Edited by vonhosen on Saturday 9th February 07:04
Indeed Von.
One from my old copy of Wilkinsons:
Another v Howard [1968]
Where a vehicle had been left in a gateway of a rural road (but semble on the road)for so long that green grass grew all around, it was held it was still used on a road for purposes of Insurance and test certificate purposes.
Made me smile
DVD
One from my old copy of Wilkinsons:
Another v Howard [1968]
Where a vehicle had been left in a gateway of a rural road (but semble on the road)for so long that green grass grew all around, it was held it was still used on a road for purposes of Insurance and test certificate purposes.
Made me smile
DVD
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