Speeding and lack of Insurance...

[Jazzy Jefferson]

Hi all,

Just curious really...

I sold a car recently to a friend of a friend. I've had an NIP (47 in a 40) in the post but luckily for me, the date is the day after the sale/transfer. The new keeper details obviously haven't quite made it onto the DVLA database.

That would be straight forward, however I've just found out that the car was in fact not being driven by the new keeper, but the friend who knows us both. He tells me has no insurance cover, Why he was driving is beyond me, but it's not my car anymore to say otherwise.

What's the likely outcome for him, he's worried he'll lose his licence (I think he should) once he declares himself as the driver.
My guess is that they wont even notice the insurance and just go down the route of a course or 3 points?

[Ninja59]

Your friend is clearly going to have to be declared as the driver at the relevant time, whether they do any more digging than that I suppose is the real question...if they do then probably a 300 quid fine and is 6 points. The very fact of the matter is I think many would start asking insurance questions once others are driving beyond the RK/main driver.

[Retroman]

It's unlikely they will discover he had no insurance at the time of the offence but not impossible.
Unless he has a history of driving cars with no insurance, i doubt they'd have any reason to bother checking.

[KevinCamaroSS]

This is not your problem. Return the notice with a letter stating you sold the car to X on Y date. Enclose proof of sale such as signed paper, copy of V5C part etc. Then it is down to the buyer to sort it out.

[Jazzy Jefferson]

KevinCamaroSS said:

This is not your problem. Return the notice with a letter stating you sold the car to X on Y date. Enclose proof of sale such as signed paper, copy of V5C part etc. Then it is down to the buyer to sort it out.

Exactly my view, and that's been done.
I know the person so was just asking on his behalf to see if he'd be landing himself in the Sh!t. Thanks for the advice everyone.

Edited by Jazzy Jefferson on Friday 17th June 10:59

[KevinCamaroSS]

The car buyer also is risking a charge of 'allowing somebody to drive without insurance' or whatever the legal wording is.

[EJH]

I’m ready to be corrected but I believe that the offense of knowing allowing another to drive one’s car whilst uninsured is a strict offense.

[SS2.]

If the owner made it an express condition of the loan that the friend provide his own insurance, then the owner commits no offence if said friend then decides to drive without insurance.

[PorkInsider]

SS2. said:

If the owner made it an express condition of the loan that the friend provide his own insurance, then the owner commits no offence if said friend then decides to drive without insurance.

Does that not result in the driver being at risk of prosecution for TWOC, though?

If permission to drive was expressly on the proviso that he was insured, then effectively he didn't have permission.

Or am I talking crap?

[eybic]

I suspect it is the owner of a car that is responsible to check that insurance is in force so it's either permitting it to be driven without insurance or TWOC, his choice.

[R8Steve]

I don't think they check the insurance status in these circumstances so he might be very lucky and get away with 3 points and £100 fine, maybe even an awareness course.