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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My 17 yr old has a requisition to court as registered keeper

Customer Question

My 17 yr old has a requisition to court as registered keeper of an uninsured moped on 20/09/13. It did not require insurance as is was by then off road but we couldn't find the reg doc to SORN it. We applied for a new reg doc and duly got it SORN so there was a delay to get it SORN. Then four months later we get a requisition through also stating that we did not respond to a penalty notice end of September. We have no recollection of receiving a penalty as I would have contacted dvla then. Is this a criminal offence or just a requisition to get a fine paid? Should he plead guilty to not having insurance and provide mitigating circumstances that we could not get it SORN straight away, or should he plead not guilty. We seem to have fallen foul of the process when trying to do the right thing.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Unfortunately there isn't much alternative for him here.

If the moped was not SORN then it should have been insured. It used to be that you could avoid the requirements for insurance by keeping the vehicle off road but under the new rules you have to have continuous insurance unless it is SORNed.

Come what may, you did not. Its an offence of strict liability and there isn't really a special reasons argument here.

You could always write to CPS or the DVLA if they are the prosecution authority asking them to review the public interest of the prosecution because of the factors that you mention but if they are intent then he would have to plead.

if this is no insurance then he would only get 6 points and a fine. The problem will be that if he is within the first two years of his full driving licence then 6 points would mean revocation of his licence Im afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.
He only has a provisional licence so if he gets points can he still take his test keep his licence even if his insurance goes up.
Expert:  Jo C. replied 3 years ago.
Yes.

He may be given a short ban but thats not likely and anyway it will end sometime. When it does he will get his licence back.

Even if he does get points as long as they were added before the date he passes his test he will not be subject to revocation.
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/