Driving without insurance or a licence, and failing to name the driver
Driving without insurance (Road Traffic Act 1988 s.143) carries an unlimited fine and 6 to 8 points or a discretionary ban; failing to give the driver's identity when required (s.172) carries a level 3 fine and 6 points. Driving otherwise than in accordance with a licence (s.87) carries a level 3 fine, with points only in some cases.
Driving without insurance
- It is an offence to use a motor vehicle on a road or other public place, or cause or permit another to, without insurance covering that use (Road Traffic Act 1988 s.143). An insured vehicle is not enough if the policy does not cover this driver.
- Penalty: summary only; unlimited fine; 6 to 8 points or a discretionary ban (Road Traffic Offenders Act 1988 Sch.2). The police may instead offer a £300 fixed penalty with 6 points.
- The Sentencing Council guideline starts at a Band C fine; the most serious cases attract a 6 to 12 month ban.
- Employee defence (s.143(3)): the driver proves the vehicle was not theirs or hired or lent to them, they were using it in the course of employment, and they had no reason to believe it was uninsured.
Driving otherwise than in accordance with a licence
- Driving without a licence for that class of vehicle, or in breach of its conditions, is an offence (s.87(1)), as is causing or permitting it.
- The maximum is a level 3 fine (£1,000). Points (3 to 6) and a discretionary ban apply only where the driver could not have held a licence that covered the driving, for example someone who never passed a test.
Failing to give the driver's identity (s.172)
- When a driving offence is alleged, the keeper must say who was driving, and anyone else must give any information they can. A written request must be answered within 28 days.
- Penalty: level 3 fine and 6 points or a discretionary ban.
- Defences: the keeper did not know and could not with reasonable diligence have found out who was driving (s.172(4)); or the information was given as soon as reasonably practicable after the 28 days, or giving it was not reasonably practicable (s.172(7)(b)).
- Company keepers must also show that no record of drivers was kept and that this was reasonable (s.172(6)). A company can only be fined; a director whose consent, connivance or neglect caused its offence can also be convicted (s.172(5)), without points.
- The duty is compatible with the right to silence (O'Halloran and Francis v United Kingdom [2007] ECHR 544).
Vehicle seizure
A uniformed officer may seize a vehicle reasonably believed to be driven without a licence or insurance where the driver fails to produce them or fails to stop, usually after a warning (s.165A). To recover it, the keeper or owner must pay the charges and produce a valid insurance certificate and licence, or nominate someone who can. It cannot be disposed of for 14 days.
In practice
A s.172 notice should be answered even if the keeper is unsure who drove, explaining the enquiries made. Early advice from a solicitor matters.
Authorities: Road Traffic Act 1988 ss.87, 143, 165A, 172; Road Traffic Offenders Act 1988 Sch.2; Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 (SI 2005/1606) regs.5, 7; O'Halloran and Francis v United Kingdom [2007] ECHR 544 (Grand Chamber, application no. 15809/02); Sentencing Council, No insurance (revised 2017) and Fail to give information of driver's identity as required guidelines; GOV.UK, Vehicle insurance: driving without insurance