Motoring FAQ's

I allowed a friend to drive my car believing they were insured when they were not. While they were out in my Car they were stopped by the Police. Where do I stand?

You are guilty of the offence of permitting the vehicle to be used by an uninsured driver and face 6-8 penalty points and a fine.

There is a potential defence if your friend showed you an insurance certificate which appeared to be valid but this may amount to reasons as to why your licence should not be endorsed as opposed to reasons justifying acquittal.

I have a car which is currently out of Mot and the insurance is due to expire soon, but it is taxed. It is parked in the street and is not currently being used. Is this legal? And I am due to go away to visit family abroad and I will be away for some time

The law states that all registered vehicles that are being used on public roads must be both taxed and insured. If you are caught without insurance, you can be fined and given penalty points on your driving licence. You also run the risk of potentially being disqualified from driving too. Although you are not legally obliged to insure vehicles that are off the road and being kept in a private garage or on private land, you should make sure that your car is insured if it is being kept on a public road.

There are many reasons for making sure that any vehicle registered by you is fully insured, regardless of where that vehicle is being kept. Your car can be involved in an accident without being on the road – the handbrake could fail, a fault could start a fire or the car could be stolen. Insurance is required to cover you for such occurrences.

If you are not going to be using your car for over a month, you can contact your insurance company and ask them to suspend your insurance cover for the period you are away. They may refund part of your insurance premium for this period too. This applies if your absence from driving is not related to the insurance cover (for example, you cannot usually do this if you have made a claim because your car has been stolen or damaged). The refund is usually paid when your insurance cover is reinstated again (i.e. when you begin driving again). During the suspension period, your car will still be covered for loss or damage that occurs as a result of theft or a fire, provided that it is in a locked garage.

I was recently stopped by the Police, in Bury town centre. I was extremely surprised to find out that I was driving uninsured. After investigation it was established that my insurance Policy had expired a week prior to the Police stopping me. My insuranc

You will be convicted of the offence. There is an absolute requirement for vehicles to be insured and the obligation puts the onus on the driver and keeper of the vehicle. Whilst the error may have occurred deliberately, the circumstances amount to mitigation, not a defence.

My vehicle has been impounded by the DVLA for no tax: how do I get my vehicle back?

The DVLA works in partnership with NCP Services Ltd who operate the wheel clamping scheme and a number of local authorities and police forces who operate local wheel clamping schemes. The police should be able to give you details of the local pound.

If a vehicle is clamped:

To get your vehicle released you’ll need to pay a release fee or produce a valid tax disc.

If the vehicle is towed away and impounded:

You’ll need to pay a release fee, and any storage charges (charged daily) as well as producing a valid tax disc or surety payment. Provided you’re registered as the vehicle keeper, the DVLA will write to inform you that your vehicle has been impounded and will be disposed of unless all fees are paid. You could also face prosecution with a fine as well as paying any arrears and costs.

What is the time limit between a speeding offence being allegedly committed and the time the police inform you of the offence?

NIP must be delivered to the keeper within 14 days, so if you drive a leased or a company vehicle or was driving somebody else's car then the NIP should have been sent to them within the 14 day period. The Notice must be signed (although this can be typed) on behalf of the Chief Constable, dated and contain sufficient information for the offence to be identified. However, the police have a defence to the 14 day rule if they had trouble tracking you down because your details hadn't been updated on the DVLA records. Don't risk ignoring it. It is advisable to contact a Specialist Motoring solicitor immediately upon receipt of the NIP

I have just received six points which takes me to over twelve points on my licence. Can I avoid a ban?

A driver who is at risk of 12 penalty points or more can continue to drive if they make a successful ‘exceptional hardship argument’ which is accepted by the Court.

The defence relies on how the loss of your licence will affect others – such as family members, your work colleagues and/or your business. This would include your economic ability to support your family or continue with your business. You should enlist the advice of an expert motoring lawyer if you wish to proceed with this defence.

Call Recovery Assist Solicitors and see how we can help you save YOUR licence.

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