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Legal guide to UK motoring, sections for law enforcement, Driver licensing, learner and new drivers, buying and selling, speeding fines, owning a vehicle, wheel clamping, traffic information.
22 Offence of keeping vehicle which does not meet insurance requirements

(1) In the Road Traffic Act 1988 (c. 52), after section 144 insert—
“144A Offence of keeping vehicle which does not meet insurance
requirements

(1) If a motor vehicle registered under the Vehicle Excise and Registration
Act 1994 does not meet the insurance requirements, the person in
whose name the vehicle is registered is guilty of an offence.

(2) For the purposes of this section a vehicle meets the insurance
requirements if—
(a) it is covered by a such a policy of insurance or such a security in
respect of third party risks as complies with the requirements of
this Part of this Act, and

(b) either of the following conditions is satisfied.

(3) The first condition is that the policy or security, or the certificate of
insurance or security which relates to it, identifies the vehicle by its
registration mark as a vehicle which is covered by the policy or
security.

(4) The second condition is that the vehicle is covered by the policy or
security because—

(a) the policy or security covers any vehicle, or any vehicle of a
particular description, the owner of which is a person named in
the policy or security or in the certificate of insurance or security
which relates to it, and

(b) the vehicle is owned by that person.

(5) For the purposes of this section a vehicle is covered by a policy of
insurance or security if the policy of insurance or security is in force in
relation to the use of the vehicle.
144B Exceptions to section 144A offence


(1) A person (“the registered keeper”) in whose name a vehicle which does
not meet the insurance requirements is registered at any particular time
(“the relevant time”) does not commit an offence under section 144A of
this Act at that time if any of the following conditions are satisfied.

(2) The first condition is that at the relevant time the vehicle is owned as
described—

(a) in subsection (1) of section 144 of this Act, or

(b) in paragraph (a), (b), (da), (db), (dc) or (g) of subsection (2) of
that section,
(whether or not at the relevant time it is being driven as described in
that provision).

(3) The second condition is that at the relevant time the vehicle is owned
with the intention that it should be used as described in paragraph (c),

(d), (e) or (f) of section 144(2) of this Act.

(4) The third condition is that the registered keeper—

(a) is not at the relevant time the person keeping the vehicle, and

(b) if previously he was the person keeping the vehicle, he has by
the relevant time complied with any requirements under
subsection (7)(a) below that he is required to have complied
with by the relevant or any earlier time.

(5) The fourth condition is that—

(a) the registered keeper is at the relevant time the person keeping
the vehicle,

(b) at the relevant time the vehicle is not used on a road or other
public place, and

(c) the registered keeper has by the relevant time complied with
any requirements under subsection (7)(a) below that he is
required to have complied with by the relevant or any earlier
time.

(6) The fifth condition is that—

(a) the vehicle has been stolen before the relevant time,

(b) the vehicle has not been recovered by the relevant time, and

(c) any requirements under subsection (7)(b) below that, in
connection with the theft, are required to have been complied
with by the relevant or any earlier time have been complied
with by the relevant time.

(7) Regulations may make provision—

(a) for the purposes of subsection (4)(b) and (5)(c) above, requiring
a person in whose name a vehicle is registered to furnish such
particulars and make such declarations as may be prescribed,
and to do so at such times and in such manner as may be
prescribed, and

(b) for the purposes of subsection (6)(c) above, as to the persons to
whom, the times at which and the manner in which the theft of
a vehicle is to be notified.

(8) Regulations may make provision amending this section for the purpose
of providing for further exceptions to section 144A of this Act (or
varying or revoking any such further exceptions).

(9) A person accused of an offence under section 144A of this Act is not
entitled to the benefit of an exception conferred by or under this section
unless evidence is adduced that is sufficient to raise an issue with
respect to that exception; but where evidence is so adduced it is for the
prosecution to prove beyond reasonable doubt that the exception does
not apply.

144C Fixed penalty notices

(1) Where on any occasion the Secretary of State has reason to believe that
a person has committed an offence under section 144A of this Act, the
Secretary of State may give the person a notice offering him the
opportunity of discharging any liability to conviction for that offence
by payment of a fixed penalty to the Secretary of State.

(2) Where a person is given a notice under this section in respect of an
offence under section 144A of this Act—

(a) no proceedings may be instituted for that offence before the end
of the period of 21 days following the date of the notice, and

(b) he may not be convicted of that offence if he pays the fixed
penalty before the end of that period.

(3) A notice under this section must give such particulars of the
circumstances alleged to constitute the offence as are necessary for
giving reasonable information of the offence.

(4) A notice under this section must also state—

(a) the period during which, by virtue of subsection (2) above,
proceedings will not be taken for the offence,

(b) the amount of the fixed penalty, and

(c) the person to whom and the address at which the fixed penalty
may be paid.

(5) Without prejudice to payment by any other method, payment of the
fixed penalty may be made by pre-paying and posting a letter
containing the amount of the penalty (in cash or otherwise) to the
person mentioned in subsection (4)(c) above at the address so
mentioned.

(6) Where a letter is sent in accordance with subsection (5) above payment
is to be regarded as having been made at the time at which that letter
would be delivered in the ordinary course of post.

(7) Regulations may make provision as to any matter incidental to the
operation of this section, and in particular—

(a) as to the form of a notice under this section,

(b) as to the information to be provided in such a notice by virtue
of this section, and

(c) as to any further information to be provided in a such notice.

(8) The fixed penalty payable under this section is, subject to subsection (9)
below, £100.

(9) Regulations may substitute a different amount for the amount for the
time being specified in subsection (8) above.

(10) Regulations may make provision for treating a fixed penalty payable
under this section as having been paid if a lesser amount is paid before
the end of a prescribed period.

(11) In any proceedings a certificate which—

(a) purports to be signed by or on behalf of the Secretary of State,
and

(b) states that payment of a fixed penalty was or was not received
by a date specified in the certificate,
is evidence of the facts stated.
144D Section 144A offence: supplementary

(1) Schedule 2A makes provision about the immobilisation of vehicles as
regards which it appears that an offence under section 144A of this Act
is being committed and about their removal and disposal.

(2) A person authorised by the Secretary of State for the purposes of this
subsection may on behalf of the Secretary of State conduct and appear
in any proceedings by or against the Secretary of State in connection
with the enforcement of an offence under section 144A of this Act or
under regulations made under section 160 of this Act by virtue of
Schedule 2A to this Act—

(a) in England and Wales, in a magistrates’ court, and

(b) in Scotland, in any court other than the High Court of Justiciary
or the Court of Session.”

(2) Before section 160 of the Road Traffic Act 1988 (c. 52) insert—
“159A Disclosure of information

(1) Regulations may make provision for and in connection with requiring
MIIC to make information available to any prescribed person for the
purposes of the exercise of any of that person’s functions in connection
with the enforcement of an offence under this Part of this Act or under
regulations made under section 160 of this Act.

(2) In this section—
“MIIC” means the Motor Insurers’ Information Centre (a company
limited by guarantee and incorporated under the Companies
Act 1985 on 8th December 1998), and
“information” means information held in any form.”

(3) After Schedule 2 to that Act insert the Schedule 2A set out in Schedule 5 to this
Act.

(4) In section 91(a) of the Road Traffic Offenders Act 1988 (c. 53) (penalty for
breach of regulations: application to regulations under Road Traffic Act 1988),
after “132” insert “or under section 160 by virtue of Schedule 2A”.

(5) In Schedule 1 to that Act (offences to which certain sections apply), after the
entry relating to section 143 of the Road Traffic Act 1988 insert—

(6) Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:
offences under the Traffic Acts) is amended as follows.

(7) After the entry relating to section 143 of the Road Traffic Act 1988 insert—

(8) After the entry relating to section 154 of the Road Traffic Act 1988 insert—
“RTA section 144A Keeping vehicle which does not meet insurance requirements. Sections 6, 11 and 12(1) of this Act.” “RTA section 144A Keeping vehicle which does not meet insurance requirements. Summarily. Level 3 on the standard scale. ”


“Regulations under RTA section 160 made by virtue of paragraph 2(1) of Schedule 2A Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal of or interference with immobilisation notice. Summarily. Level 2 on the standard scale. Road Safety Act 2006 (c. 49) 31 Increases in penalties


23 Careless, and inconsiderate, driving

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts), in
the entry relating to section 3 of the Road Traffic Act 1988 (c. 52) (careless, and
inconsiderate, driving), in column (4) (punishment), for “Level 4” substitute
“Level 5”.


24 Breach of requirements relating to children and seat belts

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), in the entry relating
to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in
contravention of requirements relating to seat belts where children in rear
seat), in column (4) (punishment), for “Level 1” substitute “Level 2”.

Regulations
under RTA section 160 made by virtue of paragraph 2(2) of Schedule 2A Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting removal or attempted removal of immobilisation device. Summarily. Level 3 on the standard scale. Regulations under RTA section 160 made by virtue of paragraph 2(3) of Schedule 2A Contravention of provision of regulations (which is declared by regulations to be an offence) about display of disabled person’s badge. Summarily. Level 3 on the standard scale. Regulations under RTA section 160 made by virtue of paragraph 2(4) f Schedule 2A Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure release of vehicle from immobilisation device.

(a) Summarily.

(b) On indictment.

(a) The statutory maximum.

(b) 2 years or a fine or both. Regulations under RTA section 160 made by virtue of paragraph 4 of Schedule 2A Contravention of provision of regulations (which is declared by regulations to be an offence) prohibiting making of false or misleading declaration to secure possession of vehicle in person’s custody.

(a) Summarily.

(b) On indictment.

(a) The statutory maximum.

(b) 2 years or a fine or both.


25 Using vehicle in dangerous condition etc.

(1) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts), in
the entry relating to section 40A of the Road Traffic Act 1988 (c. 52) (using
vehicle in dangerous condition etc.), in column (5) (disqualification), for
“Discretionary.” substitute—

(2) In section 34 of that Act (disqualification for certain offences), after subsection

(4A) insert—
“(4B) Where a person convicted of an offence under section 40A of the Road
Traffic Act 1988 (using vehicle in dangerous condition etc.) has within
the three years immediately preceding the commission of the offence
been convicted of any such offence, subsection (1) above shall apply in
relation to him as if the reference to twelve months were a reference to
six months.”


26 Breach of requirements as to control of vehicle, mobile telephones etc.

(1) Before section 42 of the Road Traffic Act 1988 insert—
“41D Breach of requirements as to control of vehicle, mobile telephones etc.
A person who contravenes or fails to comply with a construction and
use requirement—

(a) as to not driving a motor vehicle in a position which does not
give proper control or a full view of the road and traffic ahead,
or not causing or permitting the driving of a motor vehicle by
another person in such a position, or

(b) as to not driving or supervising the driving of a motor vehicle
while using a hand-held mobile telephone or other hand-held
interactive communication device, or not causing or permitting
the driving of a motor vehicle by another person using such a
telephone or other device,
is guilty of an offence.”

(2) In section 42(a) of that Act (breach of other construction and use requirements),
before “of” insert “or 41D”.

(3) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain
sections apply), before the entry relating to section 42 of the Road Traffic Act
1988 insert—
“(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A.

(b) Discretionary in any other case.” “RTA section 41D. Breach of requirements as to control of vehicle, mobile telephones etc. Sections 11 and 12(1) of this Act.”

(4) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences:
offences under the Traffic Acts), before the entry relating to section 42 of the
Road Traffic Act 1988 (c. 52) insert—

(5) In Schedule 3 to that Act (fixed penalty offences), before the entry relating to
section 42 of the Road Traffic Act 1988 insert—


27 Power of police to stop vehicle

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts), in
the entry relating to section 163 of the Road Traffic Act 1988 (failing to stop
mechanically propelled vehicle or cycle when required to do so), in column (4)
(punishment), for “Level 3 on the standard scale.” substitute—
and, in column (2) (general nature of offence), for “motor” substitute
“mechanically propelled”.


28 Furious driving

In Part 2 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences otherwise than under the Traffic Acts), after
the entry relating to manslaughter and culpable homicide insert—
“RTA section 41D Breach of requirements as to control of vehicle, mobile telephones etc. Summarily. (a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.

(b) Level 3 on the standard scale in any other case. Discretionary. Obligatory. 3.” “RTA section 41D Breach of requirement as to control of vehicle, mobile telephone etc.”

(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.

(b) Level 3 on the standard scale if committed by a person riding a cycle.”


29 Breach of duty to give information as to identity of driver etc.

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts), in
the entry relating to section 172 of the Road Traffic Act 1988 (c. 52) (duty to give
information as to identity of driver etc. in certain circumstances), in column (7)
(penalty points), for “3” substitute “6”.
Other provisions about offences



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