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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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Offences 1. using mobile phone whilst driving - pulled over

Resolved Question:

offences
1. using mobile phone whilst driving - pulled over and was issued a ticket plus checked insurance.
2. driving without insurance.
situation:
driving employers van, employer advised that the driver was insured he also advised the police officer that the driver had valid insurance. The driver was then given 7 days to produce proof of the insurance the employer has so far failed to provide proof of insurance.
driver only has 3rd party insurance on his own vehicle
employment - cash in hand job
please advise
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this. Do you have a specific quesiton about this?
Customer: replied 1 year ago.

how not to receive penalty points and a fine for driving without insurance.

the driver was told that the vehicle was insured by his employer, he did not knowingly break the law but now it appears that he has done so. he is a driver by profession and the points from this would potentially result in him losing his licence.

Obviously he is very concerned

Expert:  Jo C. replied 1 year ago.
Did he check that his employer covered him?
Did he see a certificate?
Customer: replied 1 year ago.

the employer told him that the vehicle was insured for any driver this was not evidenced in writting and it now appears that it was only insured for the emplyer himself to drive.

Expert:  Jo C. replied 1 year ago.
Ok.
Has he always kept his own personal vehicles insured?
Customer: replied 1 year ago.

who? the driver? yes he has but he only has 3rd party insurance on this own vehicle

Expert:  Jo C. replied 1 year ago.
Yes, but in court he will be able to prove that he has always kept other vehicles insured?
Customer: replied 1 year ago.

yes, the driver has always kept his own car insured

Expert:  Jo C. replied 1 year ago.
Ok.
I suppose there are no defences to use of a mobile phone?
Customer: replied 1 year ago.

unless there is some loophole that im not aware of my expectation is that he has no defense for using his mobile phone whilst driving - even if he was answering his employers call

Expert:  Jo C. replied 1 year ago.
OK.
He is going to have to accept that then. If it were that alone he would probably get a fixed penalty or a course but realistically when coupled with the no insurance probably not.
In relation to no insurance, that is an offence of strict liability and he was not insured. There is no way around it.
He can ask the court not to endorse his licence with points on the basis that there are special reasons not to do so. Actually this could go either way. I have seen courts in exactly his position let defendants off before. He will need to gather evidence that he has no reason to know he was not insured - if his employer could attend court to confirm that then that would be helpful. It would also be useful if he is able to show that he has for years kept his own personal vehicle insured.
Can I clarify anything for you?
Jo
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