Gatso offence

[shaners101]

I gave details of someone who is resident in the US  as the driver for a Gatso offence. Now they what the insurance details / flights. He wasnt insured under my policy. Can I say he had american insurance. What are the implications for me of him driving my car with no insurance? If I write back with unable to divulge this info will they procecute me as the registered keeper for allowing a uninsured driver?

[Loosehead]

It is the responsibility of the driver to be insured not yours. Just write back saying you do not have the information that they are looking for. Sounds as if they do not beleive your story and are seeking further information. They cannot prosecute you for letting someone else drive your car even if they do nbot have insurance.

[Buenchico]

The financial penalties for the US driver are the same as for a UK driver: A maximum �1000 fine for speeding and a maximum �5000 for driving without insurance.

If the authorities believe that you have failed to adequately identify the driver of the vehicle then you will get 3 points on your licence plus a fine of up to �1000. (A driving ban is not automatic but can be imposed).

If you provide information which the authorities subsequently find to be false, then you can be charged with perverting the course of justice. This can lead to a substantial fine and/or a lengthy prison sentence.

Despite what Shaners101 writes, it is an offence to 'cause or permit another person to use a vehicle without insurance'
Unless there are exceptional circumstances, a court would endorse your licence with between 6 to 8 points. You would also be fined up to a maximum of �5000. A driving ban is also possible.

Link:
http://www.freelawyer.co.uk/vlawyer/actfile.asp?seq=1&am p;subject1=4&subject2=7

Chris

[Paul22118]

I think the following observation on this subject is worthy of note.

If someone drives your car and has no insurance it is no insurance. 

If the driver does not own the car he must have the permission of the owner to drive it.

If you say you knowingly gave permission then you aid and abett the no insurance offence.

If you say you did not then the driver is guilty of Taking a Conveyance under the Theft Act.

You cannot have it both ways.

[JudgeJ]

There was a question along similar lines under “how it works” and my answer gave details of some recent developments

Driving a vehicle on a road or public place without insurance against third party risk is an offence contrary to Section 143 of the Road Traffic Act 1988. The requirement is for the driver to be insured in respect of the use of specified vehicles, rather than the vehicle to be insured for use by specified persons. But buenchico is quite right in that the Road Traffic Act already provides for the owner to be prosecuted as it is an offence to  'cause or permit another person to use a vehicle without insurance' .

However, new legislation has been passed and since 1st October it is now an offence to be the registered keeper of a vehicle the use of which is not insured in accordance with section 143 of the Road Traffic Act 1988. Such an offence does not require the police to prove that the vehicle was in use on the road.

Driving without insurance is a major problem in this country. Some estimates say as many as one in twenty cars (over 2 million) are being driven without insurance. This change in legislation was introduced in an attempt to tackle the problem. The police have access to the Motor Insurers’ database to help them prosecute in these circumstances.

[ccollins108]

Once you have completed the Notice of Intended Prosecution with the other driver's details, you have fulfilled your legal obligation. The burden of proof rests with the Police to prove that you were the driver and since they will not be able to prove, using pics from a Gatso, that you were the driver, the case will be dropped.

I have done exactly the same thing, very recently. They wrote back to ask for flight/ferry numbers, dates - they didn't ask for insurance info - but you are not obliged to provide any of this. I wrote back to say I didn't have the info and had forwarded their letter to the driver. They responded to say the case had been dropped. The only thing that matters is that are not obliged to provide this info and, without further evidence, there is not a thing they can do. I did hear of one driver, who had evaded a number of tickets in this way, being taken to court but the case fell through immediately because the police had no further evidence to contradict the driver's statement.

[ccollins108]

Because the police won't waste their time trying to contact a driver who lives overseas (even if he/she exists) the stuff about insurance is a complete red herring, in this case - I can't comment on whether they might pursue this as an angle if you have nominated another UK resident as the driver, although this only seems plausible in the event that the case were to go to court and information came to light during the hearing.

Having completed the NIP, you are not obliged to provide the police with any further details. If, on the other hand, the person driving your car were stopped, then it is quite likely that they would be asked to produce insurance docs, at which point you could get into trouble if you had not verified their insured status.