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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I had contracted cellulitis and rang to put my partner on my

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I had contracted cellulitis and rang to put my partner on my insurance policy following a period of disqualification for a DR10. I was unable to drive due to the swelling in my leg, nausea and confusion caused by the cellultis and also in the confusion thought I had him insured. When questioned at the roadside we confirmed this. The TOR states speeding and not section 143 of the RTA 1988 and the MIB confirmed I was insured but appeared partner wasn't. I rang the broker the next day and they confirmed that I hadn't put him on as I needed to confirm other details (I couldn't drive and also thought I had put him on). I immediately put him on the insurance but now 16 days has passed since the SOR and I haven't heard anything what are the chances of a section 143 RTA summons and special reasons defence
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If you were stopped with him driving and the police know he was not insured then they probably will summons. They do sometimes forget but you cannot rely on that obviously.
In terms of special reasons, it really depends upon how reasonable your belief that he was insured was. It doesn't matter whether you were confused at the time. That is not the issue. It is an objective test rather than a subjective one.
Magistrates are very inconsistent over the application of special reasons. If they take the view that there was no way you could have known that he was not insured then that is special reasons and they should find in your favour. If they take the view that you could have known upon reasonable investigation then probably it isn't. It depends what was actually said to you when you tried to insure him and whether the insurance company took extra funds and wrote to you confirming.
If you have otherwise always kept the vehicle insured then that is very helpful.
Probably though they will just offer him a fixed penalty of 6 points and a fine of £200 which racks up the pressure unfortunately.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Are you saying that they will offer him a fixed penalty and £200 and me nothing. Will this be the police or the court following a summons. Would special reasons not apply that I was unable to drive at the time as the cellulitis was spreading rapidly up already swollen and painful legs?

Expert:  Jo C. replied 1 year ago.
They could summons you for permitting no insurance as well but if he was the driver then he will be the primary target.
No, that is not what I am saying about special reasons. I am saying that there is no defence in saying that you didn't understand what the insurance company said on this basis.
Customer: replied 1 year ago.

Thanks, ***** ***** apologies I was driving at the time and had to stop. Does Special Reasons only relate to belief of insurance or could it extend to this circumstance? I believe they have 6 months to lay the summons?

Expert:  Jo C. replied 1 year ago.
Sorry, were you driving or was he?
Customer: replied 1 year ago.

originally I was but had to stop, believing he was insured he took over and he was then caught for the speeding offence.

Expert:  Jo C. replied 1 year ago.
Do they know he isn't insured?
Customer: replied 1 year ago.

At the roadside the officer seemed satisfied as we thought he was and therefore believed us and only recorded the speeding offence on the traffic report. He said that it could take a few weeks to update. Due to the cellulitis and the temperature, confusion this was causing thought I had (although the insurance told me I hadn't) this confirmation from him furthered the confusion. The Traffic Report only has a speeding offence alleged therefore I suppose the issue of knowledge is whether the central ticketing office will check again before issuing a speeding Fixed Penalty Notice or rely on fact that the police officer did the check at the roadside and hasn't alleged driving without insurance.

Expert:  Jo C. replied 1 year ago.
I wouldn't bring it to their attention.
The might not notice. If they don't then he will escape completely save for the speeding.
The ticketing office are unlikely to check again if their view is that it has been checked at the roadside.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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