Driving Without Insurance Conviction?

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An IN10 driving licence endorsement is classed as a conviction. The rehabilitation period for driving licence endorsements is a period of five years, after which they will be classed as 'spent'. You must declare all 'unspent' convictions to insurers when required to do so. More information can be found here.
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Is it a criminal offence to drive a vehicle without insurance?

Yes, driving without insurance is classed as a criminal offence. All motor vehicles driven on a road or other public place must have a valid insurance policy in place or security which covers them for third party risks.

Requirement for third party Insurance

Under s. 143 of The Road Traffic Act 1988 [1] users of motor vehicles must be insured or secured against third party risks, it states:

143 Users of motor vehicles to be insured or secured against third-party risks.

(1) Subject to the provisions of this Part of this Act—

  1. 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
  2. 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.

(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.


What is the maximum penalty for driving without insurance?

The maximum penalty for this offence is a 12 month driving disqualification, 6 - 8 penalty points and a fine of any amount.


Driving without insurance penalties

Driving a motor vehicle with no insurance is a criminal offence which is triable only summarily in a Magistrates Court, although a fixed penalty notice may be issued.

Fixed Penalty

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 fine of any amount.

Magistrates can also disqualify drivers for up to 12 months for driving without insurance.


Can I be ordered to retake my driving test for driving without insurance?

Yes. If a person appears at a magistrates court for driving without insurance then magistrates have the discretion to order that person to be disqualified until they pass the appropriate driving test to regain their driving licence under section 36 of The Road Traffic Offenders Act 1988 [2].


Can my vehicle be seized if I have no 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.

Power to seize vehicles driven without insurance

Under s. 165A of The Road Traffic Act 1988 [1] a police officer has the power to seize a vehicle that is or was being driven without insurance if the following conditions apply:

165A Power to seize vehicles driven without licence or insurance

  1. 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],
  2. the person fails to produce such evidence, and
  3. the constable has reasonable grounds for believing that the vehicle is or was being so driven [without insurance].

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:

  1. The owner (or registered keeper) of the vehicle must provide proof that they are indeed the owner (or registered keeper); and
  2. All charges in respect to the seizure and retention of the vehicle must be paid in full; and
  3. 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.


How long does an IN10 driving licence endorsement remain on my driving licence?

CODE DESCRIPTION PENALTY POINTS
INSURANCE OFFENCES
(the following licence endorsement remains on driving licence for 4 years from date of offence)
IN10 Using a vehicle uninsured against third party risks 6 - 8 points

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 the offence was committed and will be valid for totting-up procedure purposes for a period of 3 years.


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Reference:

[1] Road Traffic Act 1988

[2] Road Traffic Offenders Act 1988

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