Driving without insurance
Produced in partnership with Daniel Taylor of Red Lion Chambers
Driving without insurance

The following Corporate Crime guidance note Produced in partnership with Daniel Taylor of Red Lion Chambers provides comprehensive and up to date legal information covering:

  • Driving without insurance
  • The offence of driving with no insurance
  • Elements of the offence
  • Defences to driving without insurance
  • Sentence

The offence of driving with no insurance

It is an offence to use, or to cause or permit another to use, a motor vehicle under the Road Traffic Act 1988 (RTA 1988) unless a policy of insurance or security in respect of third parties is in force.

Driving with no insurance is a summary only offence carrying a maximum penalty of an unlimited fine.

Elements of the offence

A defendant is guilty of an offence if they:

  1. use or causes/permits use

  2. of a motor vehicle

  3. on a road or other public place

  4. without a valid policy of insurance or security in respect of third party risks in force

At a time yet to be appointed, the requirement to have security for third party risks for automated vehicles will not apply.

Meaning of ‘use’

The user of a vehicle is usually the driver or their employer if they are driving as part of their employment.

There must be an element of controlling, managing or operating a vehicle at the relevant time.

An owner of a vehicle can be said to be 'using' the vehicle if they are a passenger in it as they would normally retain some control. See Cobb v Williams [1973] RTR 113 (not reported by LexisNexis®).

As long as the vehicle is capable of being moved, even if it cannot be driven, for