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Section 144A - Keeping a vehicle uninsured
NewJudge
post Tue, 31 Jul 2018 - 16:20
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Scenario:

RK sells car to a scrap merchant. Informs DVLA (but received no acknowledgement), cancels insurance, buys another car, gets on with life.

Couple of months later, receives a court notice to answer charge under S144A - keeping the previous vehicle uninsured.

Is there a "get out of jail free" card available under the exceptions listed in S144B? Namely:

144B (1) A person (“the registered keeper”) in whose name a vehicle which does not meet the insurance requirements is registered at any particular time (“ the relevant time ”) does not commit an offence under section 144A of this Act at that time if any of the following conditions are satisfied.

144B (4)The third condition is that the registered keeper—

(a) is not at the relevant time the person keeping the vehicle, and

(b) if previously he was the person keeping the vehicle, he has by the relevant time complied with any requirements under subsection (7)(a) below that he is required to have complied with by the relevant or any earlier time.


The "requirements" under subsection 7(a) are not defined. I assume (though may be wrong) it is the requirement to inform the DVLA. The section also says that if evidence is produced to claim an exemption it is for the prosecution to prove, BRD, that the exemption does not apply.

Any thoughts would be appreciated.

This post has been edited by NewJudge: Tue, 31 Jul 2018 - 16:24
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post Tue, 31 Jul 2018 - 16:20
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southpaw82
post Tue, 31 Jul 2018 - 16:30
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Answer - “most likely”. Aren’t the regulations those found in the much amended Road Vehicles (Registration and Licensing) Regulations 2002?


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NewJudge
post Tue, 31 Jul 2018 - 17:14
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Thanks, sp. I'll have a look!
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facade
post Wed, 1 Aug 2018 - 11:14
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This has been debated before, but basically, the requirement is to inform the DVLA.

The DVLA claim they haven't been informed if they don't tell you that they have (Which any carer who has had an outraged child declare that "I told you where I was going!!" because they announced it quietly when the carer was 100% concentrating on something else can sympathise with, if I don't repeat back what you have said then I haven't heard you).

We claim that the act of posting the form by the ultra reliable Postal service is informing them.

You may have to go to court over it, or the DVLA may fold in the face of proof of posting & quoting the legislation...

This post has been edited by facade: Wed, 1 Aug 2018 - 11:17
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