Nassem/human rights and insureance companies asking..
Discussion
if you have been convicted of a motoring ofence in the last five years.
According to the paper today the DVLA would not give details in court of offences if over 4 years old and that records were automatically deleted.
So why do insureance companies ask if you have been convicted in the last 5 years are they infringing on my Human rights?.
According to the paper today the DVLA would not give details in court of offences if over 4 years old and that records were automatically deleted.
So why do insureance companies ask if you have been convicted in the last 5 years are they infringing on my Human rights?.
pesty said:
if you have been convicted of a motoring ofence in the last five years.
According to the paper today the DVLA would not give details in court of offences if over 4 years old and that records were automatically deleted.
So why do insureance companies ask if you have been convicted in the last 5 years are they infringing on my Human rights?.
You are quite within your rights not to tell them about offences which are "spent" under the Rehabilitation of Offenders Act.
Doesn't the fact a fine is involved mean they are not spent for 5 years under that act ?
[url="Rehab Act"]www.lawontheweb.co.uk/rehabact.htm[/url]
edited to add link
>> Edited by toni896 on Saturday 13th May 19:32
[url="Rehab Act"]www.lawontheweb.co.uk/rehabact.htm[/url]
edited to add link
>> Edited by toni896 on Saturday 13th May 19:32
The points do not count under the topping up procedure after 3 years, can be removed from your licence after 4 and are spent ( you do not have declare them if you are asked if you have had any offences) after 5 years.
It would appear that DVLC are either not keeping or not releasing information on offences where the 4 year limit applies. This appears fair to me.
If it had not been prior motoring offences where would the prosecution have obtained information regarding previous convictions?
surely they should be getting motoring offences from the same place?
It would appear that DVLC are either not keeping or not releasing information on offences where the 4 year limit applies. This appears fair to me.
If it had not been prior motoring offences where would the prosecution have obtained information regarding previous convictions?
surely they should be getting motoring offences from the same place?
zumbruk said:
if you have been convicted of a motoring ofence in the last five years.
According to the paper today the DVLA would not give details in court of offences if over 4 years old and that records were automatically deleted.
So why do insureance companies ask if you have been convicted in the last 5 years are they infringing on my Human rights?.
You are quite within your rights not to tell them about offences which are "spent" under the Rehabilitation of Offenders Act.
Convictions resulting in a fine (ie speeding) aren't spent after five years under the Rehabilitation of Offenders Act. Hence insurance companies can ask whether you have had a conviction in the last 5 years.
>> Edited by vonhosen on Saturday 13th May 22:41
vonhosen said:OK I'm not a lawyer but I always thought fines were spent after 5 years under the 1974 RoOA. This advisory site on car insurance also disagrees with you but the site and I could be wrong:
Convictions resulting in a fine (ie speeding) aren't spent after five years under the Rehabilitation of Offenders Act. Hence insurance companies can ask whether you have had a conviction in the last 5 years.
Car Insurance Website said:
For example If a client was caught speeding and was given 3 Points and a fine, in this case it is the fine of £60 that would result in a 5-year rehabilitation period, not the endorsement.
turbobloke said:
Convictions resulting in a fine (ie speeding) aren't spent after five years under the Rehabilitation of Offenders Act. Hence insurance companies can ask whether you have had a conviction in the last 5 years. Car Insurance Website said:
For example If a client was caught speeding and was given 3 Points and a fine, in this case it is the fine of £60 that would result in a 5-year rehabilitation period, not the endorsement.
Sorry a typo error.
Convictions resulting in fines are spent *when* five years have passed.
>> Edited by vonhosen on Saturday 13th May 23:25
hedders said:
No wonder we are losing respect for the law, a little common sense would be good. How about this idea?
All motoring offecnes are cleared off your record after three years...nah..too simple.
Depends on the offence.
Some motoring offences will result in endorsements staying on your DVLA licence for 11 years after conviction & some will result in you getting a criminal record because they are recordable offences.
vonhosen said:
No wonder we are losing respect for the law, a little common sense would be good. How about this idea?
All motoring offecnes are cleared off your record after three years...nah..too simple.
Depends on the offence.
Some motoring offences will result in endorsements staying on your DVLA licence for 11 years after conviction & some will result in you getting a criminal record because they are recordable offences.
My point exactly Von.
Clear all driving offences after three years, the more serious ones will also carry prioson sentences or other ways of penalising you anyway.
hedders said:
No wonder we are losing respect for the law, a little common sense would be good. How about this idea?
All motoring offecnes are cleared off your record after three years...nah..too simple.
Depends on the offence.
Some motoring offences will result in endorsements staying on your DVLA licence for 11 years after conviction & some will result in you getting a criminal record because they are recordable offences.
My point exactly Von.
Clear all driving offences after three years, the more serious ones will also carry prioson sentences or other ways of penalising you anyway.
The Rehabilitation of offenders Act determines the time when convictions are considered spent & is seperate from DVLA records. It does that on sentence given, not the type (traffic or otherwise) of offence. Whether it results in a criminal record (is a recordable offence) is again not the important thing for that.
vonhosen said:
No wonder we are losing respect for the law, a little common sense would be good. How about this idea?
All motoring offecnes are cleared off your record after three years...nah..too simple.
Depends on the offence.
Some motoring offences will result in endorsements staying on your DVLA licence for 11 years after conviction & some will result in you getting a criminal record because they are recordable offences.
An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).
All explained here;
www.lawontheweb.co.uk/rehabact.htm
>> Edited by zumbruk on Sunday 14th May 12:11
zumbruk said:
No wonder we are losing respect for the law, a little common sense would be good. How about this idea?
All motoring offecnes are cleared off your record after three years...nah..too simple.
Depends on the offence.
Some motoring offences will result in endorsements staying on your DVLA licence for 11 years after conviction & some will result in you getting a criminal record because they are recordable offences.
An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).
All explained here;
www.lawontheweb.co.uk/rehabact.htm
I know , where did I say otherwise ?
Endorsements & your DVLA record are not covered by RoOA. It's the fine that makes the offence discloseable for 5 years under the RoOA.
Here's a thought, How about Insurance companies being 'Honest' and only loading your insurance if you have actually done something that affects the level of risk?
How does having 3, 6, 9 or even 12 points make you a higher insurance risk, every motorist exceeds the speed limit sometimes (only Liars don't
) having a history of at fault crashes makes one a higher risk but having points on your licence doesn't, it merely shows that the Scammers have been efficient, in fact having 9 or more points makes you less of a risk because if you get caught again and then banned the insurance are not going to have to pay out as you won't be driving any more so can't have a crash (unless they refund banned drivers policy money?). 
How does having 3, 6, 9 or even 12 points make you a higher insurance risk, every motorist exceeds the speed limit sometimes (only Liars don't
) having a history of at fault crashes makes one a higher risk but having points on your licence doesn't, it merely shows that the Scammers have been efficient, in fact having 9 or more points makes you less of a risk because if you get caught again and then banned the insurance are not going to have to pay out as you won't be driving any more so can't have a crash (unless they refund banned drivers policy money?). Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff