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frankanne
I know this is not speeding related, but thought someone here might have some idea. The long and short of it is, my sister lent her car to her nephew to drive who consequently wasnt insured to drive it. Any idea what the possible outcomes will be?
nimh999
QUOTE (frankanne @ Tue, 26 Jun 2007 - 19:15) *
I know this is not speeding related, but thought someone here might have some idea. The long and short of it is, my sister lent her car to her nephew to drive who consequently wasnt insured to drive it. Any idea what the possible outcomes will be?


And what happened next.

Did he:

Have an accident?

Get caught speeding?

Get pulled over by a Police Officer?

Really need more info before anyone can give any sort of advice.

Ideally the best advice is not to lend your car to someone who isn't insured.

Did she know he would not be insured?
frankanne
He didnt have an accident or get pulled over, but the police got involved, because he was supposed to be gone for an hour, and didnt turn up till next dinner time, so to be fair she pooping herself. As to regards did she know he wasnt insured, i'm sure she could say she thought he was, but surely the resposibility would have been on her to check?
nemo
Driving without insurance is a strict liability offence. That is, the prosecution do not need to prove that there was intent on the part of the defendant to drive whilst uninsured, merely that an occasion of driving whilst uninsured took place.

The offence of causing or permitting somebody to drive whilst uninsured carries penalties (upon conviction) which are comparable to the uninsured driving act itself.

The information provided thus far is sketchy, to say the least. As such, its a bit difficult to know what to advise..
jeffreyarcher
It would seem from the sketchy details that sis is in the frame for permitting, and nephew for no insurance.
I believe that both are, or about to become fixed penalty offence. If they are, ISTR that it is six points; I can't remember the cash.
audiquattro
QUOTE (frankanne @ Tue, 26 Jun 2007 - 22:19) *
He didnt have an accident or get pulled over, but the police got involved, because he was supposed to be gone for an hour, and didnt turn up till next dinner time, so to be fair she pooping herself. As to regards did she know he wasnt insured, i'm sure she could say she thought he was, but surely the resposibility would have been on her to check?



If you want help please post all details, not sketcy ones
Teufel
yr nephew is stuffed

you may be done for permitting

yuo will need a good solicitor and u may get off - search here for details but

a recent case has ameliorated the strict liability by saying that
permitting is subject to imlied insurance oitherwise it is not permitting

there is a dnager that yr nephew is then TWOCing
audiquattro
QUOTE (jeffreyarcher @ Tue, 26 Jun 2007 - 23:25) *
It would seem from the sketchy details that sis is in the frame for permitting, and nephew for no insurance.
I believe that both are, or about to become fixed penalty offence. If they are, ISTR that it is six points; I can't remember the cash.

No insurance is an instant ban of 6 mths without the fine
nemo
QUOTE (audiquattro @ Tue, 26 Jun 2007 - 23:51) *
No insurance is an instant ban of 6 mths without the fine

Hmm. That's not as I understand it..

The current Magistrates Sentencing Guidelines indicate 6-8 points or may disqualify. Its true that the Mags are encouraged to consider a period of disqualification, the suggested starting point being 2 months. However, this decision is required to be taken with consideration to any aggravating factors (deliberate act, no history of any insurance being held, etc) as well as any mitigating factors (accidental oversight, genuine mistake, responsibility for providing insurance resting with any person etc).

IMO, and without knowing the full details, it is not cut and dried that the nephew would be disqualified upon conviction.
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