Reporting a 'learner' driver, driving alone

[snotrag]

Partner of one of my OH's friends.

She has full licence, owns her car etc.

He has provisional. Got insured as named driver on her car, started to learn, never bothered with test.

Now drives (ETA unsupervised, I mean) daily as if he has full licence - including motorways. Also drives about with their small child on board aswell.

As the car is taxed and insured its enver going to flag up on ANPR is it, so they probably wont get caught until its too late.

My g/f is furious at her friend for letting this happen, as am I. She wont do anything about it though, whereas I think I should I dont know the reg but I'm sure I could find it out.

of course, if they had any sense they'd realise that they are paying out for him NOT to be insured and could end up with a lovely bill if they had an accident.

Should I report it? Will they 'mark' the car for a quick stop over and check, based on the info I've given?

Edited by snotrag on Monday 8th February 16:40

[PintOfKittens]

Report it, he is driving without insurance (There will be a term in teh insurance that says your either a full holder or under the supervision of a full license holder)

[SS2.]

PintOfKittens said:

Report it, he is driving without insurance (There will be a term in teh insurance that says your either a full holder or under the supervision of a full license holder)

Unless you have read the actual policy, you don't know that.

The most common form of policy wording is that the driver 'holds or has held a licence and is not disqualified from holding a licence...'.

[PintOfKittens]

SS2. said:

PintOfKittens said:

Report it, he is driving without insurance (There will be a term in teh insurance that says your either a full holder or under the supervision of a full license holder)

Unless you have read the actual policy, you don't know that.

The most common form of policy wording is that the driver 'holds or has held a licence and is not disqualified from holding a licence...'.

True, fair point, but I believe the insurance policy will state that he has to drive in accordance with his license, which he is not doing.

I have never seen a policy, or even heard of one that will alow someone drive a vehicle without a license.

[SS2.]

PintOfKittens said:

I have never seen a policy, or even heard of one that will alow someone drive a vehicle without a license.

But he has got a licence, albeit with provisional entitlements only.

[^Slider^]

Report it via the non emergency number, then they will do some digging to ascertain the facts and then stick a marker on it possibly for stop check.

If hes causght unsupervised the vehicle will be seized and he'll be sent to court.

[PintOfKittens]

SS2. said:

PintOfKittens said:

I have never seen a policy, or even heard of one that will alow someone drive a vehicle without a license.

But he has got a licence, albeit with provisional entitlements only.

One of the conditions of the provisional is that he has to be supervised while he drives

Road Traf Act 88:

87 Drivers of motor vehicles to have driving licences

(1) It is an offence for a person to drive on a road a motor vehicle of any class if he is not the holder of a licence authorising him to drive a motor vehicle of that class.

---

89 Tests of competence to drive

(1) A licence authorising the driving of motor vehicles of any class shall not be granted to any person unless he satisfies the Secretary of State—

(a) that at some time during the period of ten years ending on the date of the coming into force of the licence applied for he has passed the test of competence to drive prescribed by virtue of subsection (3) below or a test of competence which under subsection (6) below is a sufficient test, or

Edited by PintOfKittens on Monday 8th February 16:58

[Jasandjules]

SS2. said:

PintOfKittens said:

I have never seen a policy, or even heard of one that will alow someone drive a vehicle without a license.

But he has got a licence, albeit with provisional entitlements only.

However, he is not road legal with a provisional and no passenger who has held a full license for three years? Therefore I rather suspect the insurance would be invalid?

[ZOLLAR]

PintOfKittens said:

SS2. said:

PintOfKittens said:

I have never seen a policy, or even heard of one that will alow someone drive a vehicle without a license.

But he has got a licence, albeit with provisional entitlements only.

One of the conditions of the provisional is that he has to be supervised while he drives

If he is driving on his own on a provisional, his insurance isn't valid it will be in the documents or t+c's some where third parties will be covered but he wont if he seriously injures himself (his fault no sympathy from me) Op shop him to one of those non emergency numbers or pop along to a local police station.

[SS2.]

PintOfKittens said:

One of the conditions of the provisional is that he has to be supervised while he drives

Road Traf Act 88:

87 Drivers of motor vehicles to have driving licences

(1) It is an offence for a person to drive on a road a motor vehicle of any class if he is not the holder of a licence authorising him to drive a motor vehicle of that class.

Which means that he would be driving otherwise than in accordance with a licence; but that's not what is being discussed.

Unless his policy wording contained an express clause that a full licence to drive certain classes of vehicle was required (and not all do), then it shouldn't be assumed that he would be automatically uninsured, even if he was driving in breach of the terms of his provisional licence (see Rendlesham v Dunne [1964]).

As is always the case, the specific policy wording would need to be checked.

[plg101]

Regardless of the legal semantics....

I wouldn't care if someone that stupid removed themselves from the gene pool.

But I could not stand by and know that they had no licence - and if he killed the offspring, or an innocent bystander... their partner is choosing to turn a blind eye to the lack of licence, the child isn't.

Reg number and report anonymously. If they haven't been stopped in a month, report in person.

[snotrag]

Been to cop-shop on way home from work to ask advice. Told me to get hold of the Reg. number and let him have it and they'll do the rest.

Your right, it is frutrating to know its going on.

[Caddyshack]

said:

That is all well and good until they have a bump and drive off leaving someone else struggling with an expensive fix, maybe written off car for work or perhaps an injury.

Plus this behaviour adds to our insurance costs

Plus they are driving around without having gained the required level of ability that has been checked, they could kill someone.


Shop them!

[Caddyshack]

SS2. said:

PintOfKittens said:

One of the conditions of the provisional is that he has to be supervised while he drives

Road Traf Act 88:

87 Drivers of motor vehicles to have driving licences

(1) It is an offence for a person to drive on a road a motor vehicle of any class if he is not the holder of a licence authorising him to drive a motor vehicle of that class.

Which means that he would be driving otherwise than in accordance with a licence; but that's not what is being discussed.

Unless his policy wording contained an express clause that a full licence to drive certain classes of vehicle was required (and not all do), then it shouldn't be assumed that he would be automatically uninsured, even if he was driving in breach of the terms of his provisional licence (see Rendlesham v Dunne [1964]).

As is always the case, the specific policy wording would need to be checked.

This sort of argument over semantics is probably half the reason why these people think they can argue their way out of trouble when the do get caught.

Deep down surely we all know that you would have an insurance nightmare if you have a crash whilst driving alone with a provisional….you can think you are the best legal eagle out there but you would be in a sticky situation.

[Error_404_Username_not_found]

Absolutely this must be reported, or sorted out in whatever way.
For example, tell the tw@t flat out he's being reported unless...

No license = no insurance - simple as...
As noted above he's welcome to remove himself from the gene pool but if he hurts or kills someone else the ramifications are horrific. The generations worth of damage to his family and possibly others (yours or mine maybe?) doesn't bear thinking about.
Regardless of his competence or skill level as a driver.
He might well say for example "it's fine- I'm a good driver".
Utterly irrelevant.
Get him stopped please.

[CardinalBlue]

The OP was 13 years ago…

[Alex Z]

After thirteen years, I expect the situation has been resolved one way or another.

[Caddyshack]

CardinalBlue said:

The OP was 13 years ago…

How odd, it came up on my “what’s new”

I wonder if the perp has passed their test yet?

[Error_404_Username_not_found]

Oops - didn't notice the antiquity. It popped up in "what's new" for me too.
And....breathe...

[m3jappa]

So. 13 years later. What was the outcome?

Either way why would anyone do this, you've got the car, you've got the insurance (albeit not valid) why not get the fking licence, its hardly difficult to be fair.