Road Traffic Insurance Regulations Quiz

Introduction

• All vehicles used on roads must have a minimum level of insurance.
• The legislation is defined in Article 90 of Road Traffic (NI) Order 1981.

Points to Prove

• The legislation does not apply to a vehicle not used on a road or public place.
• The vehicle must be a motor vehicle.
• It must be proven the accused used, caused, or permitted someone else to use a motor vehicle on a road or public place without insurance.
• The defence can prove an appropriate insurance policy was in force.
• Vehicles left on the road for several months and beyond the point of being movable still require insurance.

Use

• Every driver is using a vehicle.
• If a vehicle belongs to a company and is being used for business, the employer also uses it.
• If the owner is in the passenger seat and the vehicle is being driven for their benefit, they are considered to be using it.

Cause

• Someone with authority over another who instructs them to drive a vehicle is causing the use of the vehicle.

Permit

• If a person gives permission to use a vehicle to another person, they are permitting the use of the vehicle.

Third Party Risks

• Insurance covers liability incurred for death, bodily injury, or property damage caused by the use of the vehicle on a road or public place.
• The policy holder or authorized user can not claim against the policy if they were the driver.

Proof of Insurance

• Proof of insurance includes a certificate of insurance, a cover note, an international motor insurance card (green card), or a certificate of deposit/security.
• When examining a certificate of insurance, note the certificate number, the commencement and expiry dates, the name and address of the insurance company, the vehicle being covered, vehicle usage limitations, and permitted drivers.

Statutory Defence

• A person charged with a no-insurance offence can escape conviction if they prove:
  • The vehicle did not belong to them.
  • The vehicle wasn't in their possession under a contract of hiring or loan.
  • They were using the vehicle in the course of their employment with the authority of their employer.
  • They neither knew nor had reason to believe the vehicle was not insured.

Power to Seize Vehicles

• A vehicle can be seized using Form T23 for most offences or Form T27 for no insurance offences.
• Form T23 will be completed in all cases except no insurance. The form is sent electronically by email to the ZVehicle Recovery Liaison Officer.
• A constable can seize a vehicle if they have reasonable grounds to believe that the vehicle is or was being driven without insurance.
• A constable can seize a vehicle if:
  • they demand proof of insurance and the person fails to produce it.
  • they request the person to stop and they fail to stop for long enough for inquiries to be made.

Seizure of Uninsured Vehicles

• Conduct initial enquiries and check the Motor Insurers Database (MID).
• If satisfied the vehicle is uninsured, request an authorized officer for seizure.
• The entire seizure process will be handled on your behalf.
• You are responsible for issuing Form 55/8 for production of driving documents, submitting the no-insurance file, or issuing a fixed penalty notice.
• If the driver does not wish to wait for the seizing officer, record details, take the keys, and encourage removal of valuables.

Managed Vehicle Recovery

• A vehicle can be removed if it's broken down, left in a position causing obstruction or danger, or left in a position in breach of statutory prohibition or restriction.
• A constable may require the owner, driver, or other person in charge of the vehicle to remove it.
• A constable may remove a vehicle if:
  • it appears to have broken down and been abandoned.
  • it is left in a position or condition that appears to be abandoned.
• A constable can tow or drive the vehicle and take necessary measures to facilitate removal.