Law on leaving an uninsured vehicle on the public highway

[mctaggart99]

I bought a Motorhome last week which had Tax and I just had it MOT'd, as the MOT was quite expensive i decided to wait till pay day before i insured it. In the mean time the police towed my motorhome while i was in work to the pound as it was uninsured on a public highway(although not being driven). I am now arguing my case with them on the outcome of this. They say that i now have to goto the magistrates court and to expect a large fine and 6 points on my licence. I accept responsibility for the fine but I am contesting the 6 points. The points system is categorised with DVLA and the only code for no insurance is IN10, which specifically states "USING a vehicle with no insurance". My point is that at no time did i drive the vehicle or put the keys in the ignition, (it was on a trailer to get there from day 1). How can they put points on my licence for using a vehicle that i didnt drive, do i have any case in this? Getting 6 points on my driving licence is surely only for commiting an offence of driving, i never drove it so i shouldnt get points!! Can anyone help or give more advice on this? Craig

[kira000]

There are others who are more knowledgeable than i, but the law is pretty clear on the issue.

Law RTA 1988 sects 45, 47, 49 & 53]

Insurance. To use a motor vehicle on the road, you MUST have a valid insurance policy. This MUST at least cover you for injury or damage to a third party while using that motor vehicle. Before driving any motor vehicle, make sure that it has this cover for your use or that your own insurance provides adequate cover.

Note that it says "before driving any motor vehicle". To me, the implicit meaning of using the word "before" being that even before the vehicle is driven, it must have insurance.

The other thing to note, is the use of the phrase " to use a motor vehicle". This was deliberately included instead of the word "drive", to give the widest possible definition. So you don't have to have driven the vehicle to break the law, leaving the vehicle on the side of the road would also count here.

Sorry, think you are on to a losing case here.

[TWR]

same as your previous answer mctaggart, this is the UK .

[magicmerlin]

You could have avoided all the hassle by putting it on private property after getting the MOT (The garage might have let you leave it with them till you got insurance arranged). Alternatively, if the Magistrate is in a good mood and you can prove that no mileage was done on public highway, MOT should have speedo reading noted, also get insurance before you go to court.