As set out in Section 143 of the 1988 Road Traffic Act, it is illegal to drive a car in the UK without insurance.

It is also illegal to allow an uninsured person to drive your vehicle.

Legal Insurance Requirements

Section 145 of the Road Traffic Act 1988 sets out the requirements for insurance drivers must have. The Act requires drivers to have, at a minimum, Third Party Insurance. This insurance covers drivers against any harm or damage they might cause to other people or their property.

Penalties for driving uninsured can vary. The offence is only tried summarily, which means by a magistrate, not a Crown Court judge, which means the penalties can be lower than other more serious offences.

But, there is no upper limit of the fines Magistrates can impose.

Penalties are decided based on the culpability of the offender and the harm they cause.

Factors that increase culpability are things like, driving for sustained periods without insurance, giving false details to the authorities, or driving whilst uninsured AND without a driving licence.

Factors that increase harm are things like, causing an accident or harm to a person whilst driving uninsured.

For more serious offences Magistrates can disqualify drivers for up to a year. Fines are unlimited for serious offences, but sentencing guidelines normally suggest to magistrates that they impose what is known as a Band C fine. Band C fines mean the court will set your fine at between 125% and 175% of your average weekly income.

Even in the least severe cases, if found guilty magistrates must issue penalty points. For the least serious cases, this is likely to be between 6-8 points. In these kinds of cases, courts can lower fines to Band B, which would equal around 100% of the offender’s weekly income.

Defending motorists

There are some exemptions to this charge set out by the Road Traffic Act. For example, if you are charged with driving uninsured, but you can prove the vehicle was not owned by you, or on loan to you, that you were driving for work, and that you had reason to believe there was a valid insurance policy in place for the vehicle, the Act says you would not be guilty of an offence. In general, it may be possible to have charges dropped if we can prove it was not your responsibility to insure the vehicle.

If these conditions apply to you, you should call us immediately. 03330 096 275. Our expert motoring lawyers can help you set out your case and have the charges dropped.

In other cases where guilt is accepted, we will work with you to develop the best possible case in mitigation.

Factors we will aim to highlight include good character, remorse, lack of previous convictions, or the fact that driving uninsured was as a result of a genuine misunderstanding.

Bringing the court’s attention to these mitigating factors can secure less severe penalties but presenting this kind of case effectively requires careful preparation from experienced, expert motoring solicitors.

Call us now for a free initial consultation on: 03330 096 275.