section 22 of the road safety act 2006 - taxed but off road
section 22 of the road safety act 2006 - taxed but off road
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XM5ER

Original Poster:

5,094 posts

278 months

Wednesday 12th April 2017
quotequote all
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)?

HantsRat

2,409 posts

138 months

Wednesday 12th April 2017
quotequote all
You need to SORN the car if there is no insurance on the vehicle. Likewise if a car is taxed, you need insurance. Google 'continuous insurance enforcement'

anonymous-user

84 months

Wednesday 12th April 2017
quotequote all
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

Ekona

1,684 posts

232 months

Wednesday 12th April 2017
quotequote all
If a car is taxed then it must be insured. It's been that way for about 3 years now.

XM5ER

Original Poster:

5,094 posts

278 months

Wednesday 12th April 2017
quotequote all
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.

Toaster Pilot

14,867 posts

188 months

Wednesday 12th April 2017
quotequote all
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

Original Poster:

5,094 posts

278 months

Wednesday 12th April 2017
quotequote all
Toaster Pilot said:
.... I'm struggling to see what the issue is - you had a warning.
The warning came from a non official source i.e. not the DVLA. I looked like a scam to be honest.

It amazes me how people just accept being bent over by officialdom without a squeak.

HantsRat

2,409 posts

138 months

Wednesday 12th April 2017
quotequote all
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.

Billyray911

1,086 posts

234 months

Wednesday 12th April 2017
quotequote all
XM5ER said:
The warning came from a non official source i.e. not the DVLA. I looked like a scam to be honest.

It amazes me how people just accept being bent over by officialdom without a squeak.
If you feel wronged,don't accept it then.Keep the thread going as to how you get on.

PAULJ5555

3,554 posts

206 months

Wednesday 12th April 2017
quotequote all
Strange the governemnent don't want any free tax for cars just sat on the drive, maybe they could fix potholes with it.

sherbertdip

1,288 posts

149 months

Wednesday 12th April 2017
quotequote all
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.
So it's not your fault?

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

Original Poster:

5,094 posts

278 months

Wednesday 12th April 2017
quotequote all
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.
So it's not your fault?

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.
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.

AndrewEH1

4,922 posts

183 months

Wednesday 12th April 2017
quotequote all
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.

XM5ER

Original Poster:

5,094 posts

278 months

Wednesday 12th April 2017
quotequote all
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.
I wasn't aware that the ABI was an enforcing body of the British government. Are they?

speedking31

3,939 posts

166 months

Wednesday 12th April 2017
quotequote all
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 silly

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.

lost in espace

6,609 posts

237 months

Wednesday 12th April 2017
quotequote all
I just sold a car that had sat on my drive uninsured but taxed, oops. Will know better next time.

XM5ER

Original Poster:

5,094 posts

278 months

Wednesday 12th April 2017
quotequote all
lost in espace said:
I just sold a car that had sat on my drive uninsured but taxed, oops. Will know better next time.
I'm glad that me and my £50 could be of service to someone. smile

TooMany2cvs

29,008 posts

156 months

Wednesday 12th April 2017
quotequote all
Ekona said:
If a car is taxed then it must be insured. It's been that way for about 3 years now.
The continuous insurance enforcement came in in June 2011, so damn near five years.

Bill

58,736 posts

285 months

Wednesday 12th April 2017
quotequote all
TooMany2cvs said:
The continuous insurance enforcement came in in June 2011, so damn near five years.
Is the year or your maths wrong?

TooMany2cvs

29,008 posts

156 months

Wednesday 12th April 2017
quotequote all
Bill said:
TooMany2cvs said:
The continuous insurance enforcement came in in June 2011, so damn near five years.
Is the year or your maths wrong?
Did I not mention that VAT was not included...?

<shuffles feet>