Help - Search - Members - Calendar
Full Version: HORT1
FightBack Forums > Queries > Speeding and other Criminal Offences
gairloch17
Hi just came across this site and wondered if any one can help me i was pulled the other day for going through a red light which just turned when i was going through whilst accepting the fixed penalty i was handed a hort1 to produce my DL mot and Insurance cert on the form it asks for them to be recorded now here is my problem i swapped the insurance of this car i week ago to another car that had broken down i was just going to pickup some parts when i was stopped now i am in a dilema i have swapped the insurance back to this car later that day and i have the previous cover note which is alll the same policy no as it is on multi car policy Now i wondercould i get away with handing in the previous cert or own up i am in scotland any help gratefully recieved as i only have another couple of days to decide what to do.
The other thing is the car is registered in my sons name but he is named on the policy that i swapped but is working away but it is his name that is on the hort1 as they did a roadside check but never querried Insurance other than one officer said was that no insurance and i am not sure what the other one said but that could be just the name check or not i am not sure.
sgtdixie
If you produce a certificate that was not valid you commit a further offence.

What you do is down to your moral compass. It appears you were not insured (which it appears the police believed hence the producer) so if you try and get away with it the Police will almost certainly make a phone call to the MIB and 5 minutes later find you not only had not produced but had produced an invalid cert with intent to deceive.

Any options available because you were in Scotland (such as going unsigned) are irrelevant as you were stopped at the time.

You are in a hole stop digging.

BTW this site is here to help motorists understand the law. We will NOT suggest or encourage drivers to commit criminal offences to escape justice. (Have a look at Mr C Huhne for reference). I would suggest any more suggestions like that will see teacher throw you out of class.
desktop_demon
OP - I do not advise you to give any details of the location where the alleged offence took place - other than in Scotland. DO not say in which town or on what road or at what time you were stopped. If you do then your scribblings above can be connected to a real case. That might not be a good thing to happen.

You can do as think best although the law is relatively specific on the subject you are discussing and we can can not conspire to break it. We can discuss implications of the law and can identify what options you have. But you should be very circumspect in publicly proposing the ideas you have been considering.

If the Police have already deduced the car has no insurance then there is a problem. Does the OP have any insurance in his own name (eg for a different car) and if so does it cover third party driving? I presume the father and the son are both called "MR SMITH" so there is some room for understandable confusion in the name put on any document. When filling in the HORT1 the occifer might have meant to put MR SMITH the father and not MR SMITH the son. Just like "Happy Families", eh! Either way I would suspect that the relevant MR Smith can produce the required documents as regards MOT and DL.

But the insurance is a sticky problem. In who's name was the insurance taken out? If the OP then the transfer was validly requested. If it was the OP's son who took out the insurance, then there may be grounds for arguing that the insurance was never transferred anyway as only the policy holder could do that. A slim chance but I see nothing else on the few facts reported to help the OP regarding insurance.

Good luck!
sgtdixie
QUOTE
When filling in the HORT1 the occifer might have meant to put MR SMITH the father and not MR SMITH the son.


Just to clarify this. The requirement to produce the documents is not the HO RT/1, that is merely an administrative tool to make the process easy. The officer makes the requirement to the driver verbally so even if there is a flaw in the HO RT/1 the driver must produce even if the name is incorrect.
StuartBu
QUOTE (desktop_demon @ Tue, 5 Feb 2013 - 08:36) *
OP - I do not advise you to give any details of the location where the alleged offence took place - other than in Scotland. DO not say in which town or on what road or at what time you were stopped. If you do then your scribblings above can be connected to a real case. That might not be a good thing to happen.

<<snipped>>

Good luck!


Ane perhaps reconsider the display name if it alludes to the OP's whereabouts .
gairloch17
i have another insurance policy in my own name for the car that broke down and it is fully com and says that i can drive any car with owners permision it does not say it has to be insured this is where i have gone wrong i assumed that i could drive the car on my policy as it is mot'd and taxed but my son is now abroad working and the car is for sale
dawmdt
The MIB database is not usually realtime up-to-date, some insurer's take up to a month to update it.

OP, the right thing to do would be to phone the insurance company (on all your cars) and ask if the policy covered you for driving it.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.