Driving Without Insurance
What are the elements of driving without insurance cover that need to be proved to secure a conviction?
Driving without insurance
According to the road traffic Act of 1988 S 143, driving a car without any insurance cover is: '' an offence to use (or permit to be used) a motor vehicle on a road or public place when there is not in force in relation to the use of the vehicle such a policy of insurance is respect of third party risks as complies with the Road Traffic Act''.This statement includes both the person who owns the car as well as the short term driver of the car. In addition to these it also includes the people who are not driving the car as the word 'use' includes a number of things. One of which is when the car is in a stationary position or has been parked or when the car is stationary for repair.
You cannot drive a car without the car being insured. Driving without insurance protection is an offence and is liable to be punished by the law. There is no defense you can put up if you are caught driving without insurance. The prosecution is not only limited to actual driving, therefore even stationary parked cars in a public place like streets parking lots are punishable as they fall under the term 'use'.
In cases where an employee of a company is driving his company car, the employer will be prosecuted in an event of an accident. That is if the car which was driven did not have a certificate of insurance cover. In such a scenario either the employer and/or the employee who was driving will be considered as using the vehicle without any insurance. Management, operations and control of the car are included in this. The employee driving his employer's car does not fall under the absolute nature of the offence, and employees may defend themselves under the plea that he thought he was covered by the employer.
You may be prosecuted under S143 even of you lend a car to a friend who doesn't have insurance cover. But in such a case arguments have crept up stating that the owner of the vehicle should not be prosecuted as he is not guilty. He was not on control of how the car was 'used'. But we recommend you stick to the safer option of ensuring your friend who has borrowed your car has insurance cover while driving.
Once the term 'no insurance' has been established it all falls into the defendants hands. He then has to establish that he was indeed driving with insurance cover.
A plea can be put forward to persuade the court after conviction to encourage them not to impose a ban of driving. This is only is certain special cases and this has been clarified by case law.
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