IN10 Insurance - Driving Without Insurance Convictions?
Requirement for third party Insurance
- a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
- a person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.
It is an offence to drive a mechanically powered vehicle without compulsory third party insurance on a road or other public place.
Driving without insurance (IN10) Conviction penalties
Driving a car with no insurance is a criminal offence which is triable only summarily in a Magistrates Court.
The maximum penalty for this offence is 12 months disqualification and a level 5 fine
The police can issue a fixed penalty of a £300 fine and 6 penalty points for driving without insurance.
Magistrates Court Penalty
Penalties at a Magistrates court for driving without insurance range from 6-8 penalty points and a band C fine.
Magistrates do have the discretion to disqualify drivers for up to 12 months for driving without insurance as an alternative to imposing penalty points.
DVLA Endorsement Conviction Code - IN10
DVLA offence code IN10 (using a vehicle uninsured) will be endorsed on the driving licence of anyone convicted of driving with no insurance. The endorsement will remain on a driving licence for a period of 4 years from the date of the offence and will be valid for totting-up procedure purposes for a period of 3 years.
Power to seize vehicles driven without insurance
- a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143 [without insurance],
- the person fails to produce such evidence, and
- the constable has reasonable grounds for believing that the vehicle is or was being so driven [without insurance].
Vehicle seizure for driving without insurance
The police have the power to seize a vehicle if there is no evidence that the vehicle is insured and it is or was being driven on a road or other public place.
Upon seizing a vehicle, a police officer must give the driver of the vehicle a seizure notice unless it is impracticable to do so. If the driver is not the owner or registered keeper of the vehicle, the police officer must take reasonable steps to give a seizure notice to the owner and registered keeper of the vehicle.
Claiming a vehicle that has been seized
The seizure notice will contain a requirement that the owner (or registered keeper) of the vehicle claims it within a specified period of time. The period of time will be not less than seven working days from the day that the seizure notice was issued.
In order for a vehicle to be released:
- The owner (or registered keeper) of the vehicle must provide proof that they are indeed the owner (or registered keeper); and
- All charges in respect to the seizure and retention of the vehicle must be paid in full; and
- The seizure notice along with a valid certificate of insurance for the vehicle and a valid driving licence must be produced.
Disposal of vehicles that have been seized
If the vehicle is not claimed on or before the date given in the seizure notice, it may be disposed of. The vehicle cannot be disposed of until at least 14 days after the date on which the vehicle was seized.
If the vehicle has been sold then the net proceeds are payable to the owner (or registered keeper) of the vehicle if claimed within a year.