Using a motor vehicle without insurance

s.143Road Traffic Act 1988

Using a motor vehicle on a road or other public place, or causing or permitting another person to do so, without third-party insurance that meets the requirements of the Act.

Using a motor vehicle without insurance · Road Traffic Act 1988, s.143Card 76 / 85

Points to prove

Used, or caused or permitted another person to use
A motor vehicle
On a road or other public place
Without there being in force a policy of insurance covering that use by that person, as required by Part 6 of the Act

Key definitions

Use – not defined in the Act. It is wider than “drive”: it can cover having the use of a vehicle on a road even when it is not being driven, such as when it is parked there.
Cause or permit – s.143(1)(b): a separate way of committing the offence, aimed at the person who allows someone else to use the vehicle uninsured.
Motor vehicle – s.185(1): a mechanically propelled vehicle intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Public place – not defined in the Act. The question is whether the people using the place are members of the public or a special class allowed in for a particular reason (DPP v Vivier 1991).
Policy of insurance – s.145: issued by an authorised insurer and covering, among other things, liability for death or bodily injury to any person and damage to property caused by or arising out of the use of the vehicle on a road or other public place.

Defences

Employee defence – s.143(3): a person charged with using is not convicted if they prove that the vehicle did not belong to them and was not in their possession under a hire or loan agreement, that they were using it in the course of their employment, and that they neither knew nor had reason to believe it was uninsured. The burden is on the defendant.
Exemptions – s.144: s.143 does not apply to certain publicly owned vehicles, including a vehicle being driven for police purposes by or under the direction of a constable (s.144(2)(b)).

Good to know

The offence is one of strict liability. An honest belief that you were insured is not a defence unless the s.143(3) defence applies.
The policy must cover the particular use. Using a vehicle outside the terms of the policy (for example, for a purpose not covered) can mean there is no insurance in force for that use.
s.143 does not apply to invalid carriages (s.143(4)).
Related offences: keeping a vehicle that does not meet insurance requirements (s.144A, fine up to £1,000) and causing death by driving while unlicensed or uninsured (s.3ZB, 2 years).

Legislation: Road Traffic Act 1988, s.143 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Unlimited fine (level 5); discretionary disqualification, otherwise 6 to 8 penalty points