had a visit from the local police about insurance for a truck I was driving before xmas , it seems the company had no insurance for the truck and now the police want to take action against me because they say it was my responsibility to check the truck was legal ? the truck had an in date insurance document in the truck so what is my extent of responsibility do I have to phone the insurance company on the policy to make sure its insured , I have contacted the company and they insist it was insured but have failed to sent me a copy of the insurance and now I have to go to the local police station and be questioned under caution ?
Although driving without insurance is an absolute offence, I personally think the Police would be unlikely to prosecute you if you had taken reasonable steps to check that you were insured, and I don’t think this would mean having to phone the insurance company. If you were prosecuted, then I personally think you would be able to raise “special reasons” as to why your licence should not be endorsed.
take a soliciter with you.
No way is it your problem …how many drivers on here ask to see insurance policy …guessing none.
I wouldn’t have said it was your responsibility, down to the company. I never give it a thought.
I’m almost certain that insurance - unlike tax, roadworthiness, etc - is the company’s responsibility.
The Road Traffic Act (1988l section regarding insuramce says…
(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
I fear that the police may be correct. As an agency driver I have often wondered about this. Sometimes the cert of ins is pinned up on the wall. Once or twice, with iffy looking operations, I have plucked up the courage to ask the traffic clerk for a copy, saying “Its just a formality for the agency”
I you are a company employee there is a defence that if you were using the vehicle in the course of your employment and you neither knew or had reason to believe that there was not in force a policy of insurance for the vehicle there may be a way out.
The burden of proof is on you and I suspect that the cops want to get a statement from you in case the above dose not apply.
The firm I work for we do our daily vehicle checks and part of that is the paperwork in the cab that includes a copy of the insurance certificate all I do is check its in date. So if I was making a statement to the cops then I would include this and the fact that my boss is wonderful and I had no reason to believe he would send me out in an uninsured vehicle.
As the others have said take a solicitor with you.
Hope the above helps and good luck
Basically, as an employee, the law states that it is reasonable to assume that you are insured while driving your employers vehicle and it will be your employer, not you, that faces prosecution for no insurance.
The only way you would face charges is if you stated that (for some reason) you KNEW that you were uninsured.
My company has a copy of the insurance certificate for their hauliers insurance on the wall in the break room - it doesn’t mention vehicles that are insured but I guess they have a blanket policy to cover 100’s of vehicles?
I have checked the tax disc as part of walk round checks…it is mentioned on many companies daily check forms. I assumed that this was to ensure the vehicle was taxed/insured as proof of insurance is required for taxing a vehicle (in theory - unless you cancel it a week later).
How will others check a vehicle is taxed once all tax discs have been scrapped?
urbanfox:
I’m almost certain that insurance - unlike tax, roadworthiness, etc - is the company’s responsibility.The Road Traffic Act (1988l section regarding insuramce says…
(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
so why is tax or vehicle excise duty different then 
KarlM:
How will others check a vehicle is taxed once all tax discs have been scrapped?
I remember reading back in November the police saying people could be driving with untaxed vehicles now that there is no paper disc. The way they worded it made me think the driver is responsible. Not sure how that works with hgvs etc though. But it is a worry. Another victory for progress I guess!
Id say it was not the drivers responsibility for insurance though. As long as an insurance document is available to view then that covers you. Thats my opinion though,not legal fact as far as I know. Best seek legal advice before going to the cops and they tie you to a story.
4aaaa4dd:
had a visit from the local police about insurance for a truck I was driving before xmas ,
Who gave them your name and address and why ?it seems the company had no insurance for the truck and now the police want to take action against me because they say it was my responsibility to check the truck was legal ?
Same question as above
the truck had an in date insurance document in the truck so what is my extent of responsibility do I have to phone the insurance company on the policy to make sure its insured ,
Why was this document in the truck .I’ve been driving over 30 years and never had this document in any truckI have contacted the company and they insist it was insured but have failed to sent me a copy of the insurance and now I have to go to the local police station and be questioned under caution ?
■■?
green456:
urbanfox:
I’m almost certain that insurance - unlike tax, roadworthiness, etc - is the company’s responsibility.The Road Traffic Act (1988l section regarding insuramce says…
(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
so why is tax or vehicle excise duty different then
Because that can be checked easily enough by the driver. A glance at the disc or use the online checker (providing you can get some internet in the yard…)
I thot their was a works van defense
urbanfox:
green456:
urbanfox:
I’m almost certain that insurance - unlike tax, roadworthiness, etc - is the company’s responsibility.The Road Traffic Act (1988l section regarding insuramce says…
(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.
so why is tax or vehicle excise duty different then
Because that can be checked easily enough by the driver. A glance at the disc or use the online checker (providing you can get some internet in the yard…)
they don’t issue discs anymore 
what if you don’t have internet, as I don’t think that’s a legal requirement? insurance and mot can be checked online too if you have internet, so why do you state the ved is different
green456:
they don’t issue discs anymore
Lets be honest some drivers don’t understand how to drive safely so how the hell are they gonna understand how to use the tinternet 
Used to put public liability on the wall but never vehicle insurance if somebody needed it would provide it don’t know why you guys are looking for more problems…
A bit like Nick2008 I’ve been driving commercially for over 30 years and I reckon I’ve only ever SEEN an insurance document for any vehicle I’ve driven commercially maybe three times! The last time was years ago too and that was only when I’d been given a producer by the old bill.
Another poster talked about a copy pinned to the wall in the T.O. I think you’ll find that is the employers liability insurance and not vehicle insurance.
the maoster:
A bit like Nick2008 I’ve been driving commercially for over 30 years and I reckon I’ve only ever SEEN an insurance document for any vehicle I’ve driven commercially maybe three times! The last time was years ago too and that was only when I’d been given a producer by the old bill.Another poster talked about a copy pinned to the wall in the T.O. I think you’ll find that is the employers liability insurance and not vehicle insurance.
yep once as a producer ( tax disc had been stolen 1984)
once when I took it to the PO to tax the truck when picked up from mot.