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Questions and Answers
What is required for a person to lawfully use a motor vehicle on a road or public place?
What is required for a person to lawfully use a motor vehicle on a road or public place?
In the case of DPP v Hay (2005), what is the burden of proof placed on the defendant?
In the case of DPP v Hay (2005), what is the burden of proof placed on the defendant?
What does the term 'use' imply regarding a driver and a vehicle?
What does the term 'use' imply regarding a driver and a vehicle?
Which case established that a vehicle left on a road requires insurance regardless of its condition?
Which case established that a vehicle left on a road requires insurance regardless of its condition?
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What is the minimum legal requirement for insurance coverage of a motor vehicle on public roads?
What is the minimum legal requirement for insurance coverage of a motor vehicle on public roads?
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Which statement about vehicle usage during company business is true?
Which statement about vehicle usage during company business is true?
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What happens if a person uses a vehicle on a road without insurance?
What happens if a person uses a vehicle on a road without insurance?
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Which of the following is NOT a condition for insurance validity as per the outlined legislation?
Which of the following is NOT a condition for insurance validity as per the outlined legislation?
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What is required for a person charged with an offence under Article 90 to avoid conviction?
What is required for a person charged with an offence under Article 90 to avoid conviction?
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Under what condition can a police constable seize a vehicle for no insurance?
Under what condition can a police constable seize a vehicle for no insurance?
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Which form is completed when a vehicle is seized due to no insurance?
Which form is completed when a vehicle is seized due to no insurance?
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What must a person charged with no insurance prove to avoid conviction?
What must a person charged with no insurance prove to avoid conviction?
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Which of the following is NOT a condition for seizure of a vehicle by police?
Which of the following is NOT a condition for seizure of a vehicle by police?
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Who has the authority to seize vehicles for not having valid insurance?
Who has the authority to seize vehicles for not having valid insurance?
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What must be done immediately after seizing a vehicle for no insurance?
What must be done immediately after seizing a vehicle for no insurance?
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What is one of the conditions that allows police to stop a vehicle for inquiries?
What is one of the conditions that allows police to stop a vehicle for inquiries?
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What constitutes the owner using a vehicle when they are in the passenger seat?
What constitutes the owner using a vehicle when they are in the passenger seat?
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In which scenario is someone considered to be causing the use of a vehicle?
In which scenario is someone considered to be causing the use of a vehicle?
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What does permitting someone to use a vehicle entail?
What does permitting someone to use a vehicle entail?
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Which document serves as proof of insurance?
Which document serves as proof of insurance?
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When examining a certificate of insurance, which aspect is essential to verify?
When examining a certificate of insurance, which aspect is essential to verify?
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What are third party risks in the context of vehicle insurance?
What are third party risks in the context of vehicle insurance?
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Which of the following situations exempts a policyholder from making a claim?
Which of the following situations exempts a policyholder from making a claim?
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What feature is NOT typically included in a certificate of insurance?
What feature is NOT typically included in a certificate of insurance?
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What is the first step to verify if a vehicle is uninsured?
What is the first step to verify if a vehicle is uninsured?
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What should be done if the driver does not want to wait for the seizing officer?
What should be done if the driver does not want to wait for the seizing officer?
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What documentation must be issued once a vehicle is confirmed as uninsured?
What documentation must be issued once a vehicle is confirmed as uninsured?
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Under what circumstances can a constable require the removal of a vehicle?
Under what circumstances can a constable require the removal of a vehicle?
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Which of the following actions is NOT the responsibility of the officer when seizing an uninsured vehicle?
Which of the following actions is NOT the responsibility of the officer when seizing an uninsured vehicle?
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What is the primary purpose of invoking Statutory removal under Road Traffic Regulations?
What is the primary purpose of invoking Statutory removal under Road Traffic Regulations?
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In managing a seized vehicle, which procedure must be followed regarding the driver?
In managing a seized vehicle, which procedure must be followed regarding the driver?
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Which statement accurately reflects the guidance for seizing a suspect uninsured vehicle?
Which statement accurately reflects the guidance for seizing a suspect uninsured vehicle?
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Under what condition can a constable remove a vehicle from a road?
Under what condition can a constable remove a vehicle from a road?
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What can a constable do if a vehicle meets the conditions outlined in paragraph 1?
What can a constable do if a vehicle meets the conditions outlined in paragraph 1?
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Which of the following is not a reason for a constable to believe a vehicle has been abandoned?
Which of the following is not a reason for a constable to believe a vehicle has been abandoned?
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What is required for a constable to demand insurance from a driver?
What is required for a constable to demand insurance from a driver?
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What happens if a person fails to stop for a constable demanding insurance?
What happens if a person fails to stop for a constable demanding insurance?
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In which circumstance can a constable take measures necessary to enable a vehicle's removal?
In which circumstance can a constable take measures necessary to enable a vehicle's removal?
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What is not a requirement for a vehicle to be considered for removal under paragraph 1?
What is not a requirement for a vehicle to be considered for removal under paragraph 1?
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Which of the following indicates that a vehicle may be dealt with under the provisions described?
Which of the following indicates that a vehicle may be dealt with under the provisions described?
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Study Notes
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.
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Description
Test your knowledge on the Road Traffic (NI) Order 1981 regarding insurance requirements for motor vehicles. This quiz covers key legislation points, usage definitions, and the responsibilities of drivers and vehicle owners. Ensure you're familiar with who qualifies as a user and the insurance obligations that apply.