No Insurance :(

[OswaldBailey]

Hi people,

I was pulled over today for not having my seatbelt on! I was issued with a �30 fixed pen notice. Unfortunately I also had two bald tyres and no insurance. Now I know this paints a bad picture, but I'm genuinely not the picture of a person you have right now! I have NEVER driven without insurance in the 8 years I have been driving, and very rarely dont change a tyre immediately once it is worn. I have recently got a new job (on the road - alot, meaning loosing my license means loosing my job)) which came with a company car. I've had the company car for one month now, and cancelled my insurnace on my private car about 2 weeks ago, planning to sell it. I have only recently got around to selling the car, and as such realised that my MOT runs out in Feb and two tyres would need to ne changed to get a new MOT to sell with. Today I drove the car to get tyres as it is booked in for MOT tomorrow morning, however was dropping off a suit at the dry cleaners at the same time, as I arrived at the dry cleaners I was pulled and told I was pulled for not wearing a seatbelt. SO there it unfolds. Can anyone give me a realistic expectation for the magistrates punishment? Your advice/experience would be very much appreciated.

Tog

[Ethel]

No insurance - 6 to 8 points, fine up to �5000 possible ban.


Realistlcially, 6 points and �1000 fine, depending on your income.

[OswaldBailey]

Thanks Ethel, you think tyres will go on top of that though?

[NORMANTHEDOG]

as ethel says 6 to 8 pts for no ins and 3 pts for each tyre,plus all your fines and court costs and with a bit of luck a ban as you will or should be on 12 pts,hence loss of job,all for the sake of nipping down the shops.perhaps next time,you might think about it, YOU ONLY HAVE YOURSELF TO BLAME.

[jno]

he didn't try to blame anyone else, Norman...

[OswaldBailey]

Harsh Norm, so harsh that the answer is hopefully overly biased. You obviously have a axe to grind, and that is fair enough. I was hit by an uninsured driver in 04, and can understand your frustration. Can anyone advise without emotion ?

[NORMANTHEDOG]

i have advised you,6 to 8 pts and 3 pts each for your tyres,total 12 to 14 pts, a ban

[New Judge]

It is most unlikely that you will receive points for the tyres. Magistrates sentence motoring offfences that are committed at the same time on the basis of "totality" and award points for only the most serious.

The most likely outcome is a fine of around �250 for No Insurance, �50-�100 for each tyre, 6 points, about �45 costs and �15 "Victim Surcharge".

[Buenchico]

If the police had opted for the 'fixed penalty' way of dealing with you having no insurance, you'd get 6 points and a �200 fine. As Ethel has indicated, a court would normally endorse a licence with between 6 to 8 points but it's unlikely that they'd find any reason to go over the normal 6 points.

With regard to the fine, Ethel correctly states that the maximum is �5000 but the actual fines imposed are usually much lower. Our local weekly rag gives detailed court lists. Fines for no insurance, in the latest edition, are as follows: �250, �200, �200, �350, �250, �200, �100, �250 and �350. In each case, costs of between �30 and �60 (plus �15 to the victim compensation scheme) were added to the fine.

The only reported case of driving with a an illegal tyre, resulted in a �60 fine (plus �45 costs and �15 compensation) and an endorsement. This would be a 'CU30' endorsement, which means 3 points.

http://www.direct.gov.uk/en/Motoring/DriverLic ensing/EndorsementsAndDisqualifications/DG_100 22425

As other have indicated, you could be looking at a total of 12 points, and a subsequent disqualification. However, it's likely that either:
(a) you'll be charged with a single offence of driving with illegal tyres (resulting in a single CU30 3 point endorsement) ; or
(b) you'll be charged with two separate offences but the court will only penalise you for the first one (although with a higher fine) and rule 'no further punishment' on the second charge.

At a guess, I reckon that you're looking at a total of 9 points, plus a �250 fine for having no insurance, and a combined �150 fine for the two tyres, plus �60 costs and �15 compensation.

It would be best to engage the services of a solicitor before going to court. If you don't, ensur

[Panic Button]

There used to be a hardware store called Oswald Bailey didn't there?

[Buenchico]

As the posting times show, New Judge and I were typing simultaneously. It's interesting to note the similarity in our views. I've already indicated that a court can use the principle of 'no further punishment' in respect of the second tyre offence. I'm happy to agree with New Judge that they might well adopt this approach in respect of both tyres (at least as far as any endorsements are concerned).

As long as you start with a clean licence, the chances of you being disqualified are probably very low. However, I would still advise engaging the services of a solicitor.

Chris

[Buenchico]

(With apologies to the questioner):

Panic Button:
Are you giving away your age? Oswald Bailey might have sold some hardware back in the 1920s and 1930s but they've been an outdoor clothing store since then. See here:
http://www.outdoorgear.co.uk/rswebsite/history /history.htm
and here:
http://www.oswaldbailey.co.uk/

Chris

[Panic Button]

Sorry, yes. They were just along the parade from the hardware store. Now what was that called?

[Panic Button]

Oh and don't apologise to the questioner. Its another wind up.

[OswaldBailey]

Thanks very much for all your input guys and gals. Most informative and appreciated!!! - Now I'm gonna browse the rest of the site, thanks again!!!