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Old 24-May-2004, 14:23
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Rushjob Rushjob is offline
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An interesting standpoint, however I think that the position taken by Yorshire Police ( South, West or North??? ) is not as clear cut as it would seem.

I would put forward an argument that you ARE covered as far as insurance for use on a road when stopped and required to produce a certificate of insurance by the Police.

Section 148 of the Road Traffic Act gives this protection in my opinion.

"Avoidance of certain exceptions to policies or securities.

148.—(1) Where a certificate of insurance or certificate of security has been delivered under section 147 of this Act to the person by whom a policy has been effected or to whom a security has been given, so much of the policy or security as purports to restrict—
(a) the insurance of the persons insured by the policy, or
(b) the operation of the security,
(as the case may be) by reference to any of the matters mentioned in subsection (2) below shall, as respects such liabilities as are required to be covered by a policy under section 145 of this Act, be of no effect.

(2) Those matters are—
(a) the age or physical or mental condition of persons driving the vehicle,
(b) the condition of the vehicle,
(c) the number of persons that the vehicle carries,
(d) the weight or physical characteristics of the goods that the vehicle carries,
(e) the time at which or the areas within which the vehicle is used,
(f) the horsepower or cylinder capacity or value of the vehicle,
(g) the carrying on the vehicle of any particular apparatus, or
(h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under the [1971 c. 10.] Vehicles (Excise) Act 1971."


Looking at subsection 2(b) once you have your certificate,the condition of the insured vehicle may not be used as a means of rendering the policy void for the purposes of the Road Traffic Act.

It may subsequently be used in a civil case as a reason for not paying out in case of theft or damage, but I cannot see how you could be convicted in a Criminal Court for no insurance and given points for it.

That's my two pence worth.........



[Edited on 24-5-2004 by Rushjob]
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