green456:
they don’t issue discs anymorewhat 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
That’s just how it is. I don’t make the laws.
FWIW, I agree with you - once all the discs have run out - who is going to bother going online to check the vehicle they’ve got is taxed or not and as you say, its not always possible to do so anyway.
green456:
so why is tax or vehicle excise duty different then
Until recently there was this round thing in the windscreen you could check so it was reasonable to expect you to know it ws. I suspect the law on that has probably changed now they’ve done away with the paper discs.
The-Snowman:
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.
You have to remember that it isn’t actually a requirement of the Police to know all of the law. It seems in this case that the police the OP has dealt with don’t know of the exemption in liability built into the RTA for employees driving a company vehicle.
I would point that part shown out to them. If they want to let it proceed then when you get to court you just bring a copy of the RTA, your wageslips, point out the part of the RTA and that you were driving the vehicle in course of your duties as an employee.
Spot on, no solicitor required, though ask for the duty one if you wish.
Your statement simply needs to be that You were driving the vehicle, owned/leased by your employer, in the course of your employment, and that you had no reason to believe there was no insurance policy in place on the vehicle.
If they get funny/don’t understand your point, refer them to RTA 1988, S143(3).
HTH.
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.
4aaaa4dd:
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 ?
Hiya you want to get all the TN members to ring up on a monday morning hassling the insurance compamies if they are insured saying it a police policy to check…i am certain the insurance would start saying don t call us each day to see if the policy has run out or been cancelled.
John
do not go to the station to assist plod…its not your duty morally/legally or otherwise to go out of your way to assist them. all your doing is putting a noose round your neck to make it easier for them to find something to do you for…if they want you,then they will have to commit themselves to come for you and arrest you…they will always use the come down and help so we can sort things out to make it easier for them,and in turn worse for you…let them come to you…if your tramping,then that’s not your fault…just let them do the legwork to talk to you.itl be worse for you if you go to them,no matter what your told by them.
Yes, too many people have a sort of conditioned response to assist the police with things, like this a dodgy employer, but can find they end up getting stiffed themselves. A bit like TV licences if you had just stonewalled the police and said something like I drive loads of vehicles, I can’t recall they’d probably lose interest anyway.
Unless there has been some change in the law (and there have been some with insurance like if you let someone drive your car and it turns out they have no insurance you can get done - not aware of anything the other way round though) it is not an employed drivers responsibility. As mentioned you may be on stonier ground if you are agency with self-employed status.
Despite what’s been said above road tax is also not a driver’s issue.
dieseldog999:
do not go to the station to assist plod…its not your duty morally/legally or otherwise to go out of your way to assist them. all your doing is putting a noose round your neck to make it easier for them to find something to do you for…if they want you,then they will have to commit themselves to come for you and arrest you…they will always use the come down and help so we can sort things out to make it easier for them,and in turn worse for you…let them come to you…if your tramping,then that’s not your fault…just let them do the legwork to talk to you.itl be worse for you if you go to them,no matter what your told by them.
Very good advice, do not go along and start digging a hole for yourself to fall into.
turbot:
dieseldog999:
do not go to the station to assist plod…its not your duty morally/legally or otherwise to go out of your way to assist them. all your doing is putting a noose round your neck to make it easier for them to find something to do you for…if they want you,then they will have to commit themselves to come for you and arrest you…they will always use the come down and help so we can sort things out to make it easier for them,and in turn worse for you…let them come to you…if your tramping,then that’s not your fault…just let them do the legwork to talk to you.itl be worse for you if you go to them,no matter what your told by them.Very good advice, do not go along and start digging a hole for yourself to fall into.
they will always do the good cop bad cop,im your best pal,and itl help you if we can just let you come in to clear this up…always a lie.always so they can do you in their workplace and save them the trouble of looking for you…if your not under arrest,youve no obligation to help plod do your job…end of
cliffstephens:
No way is it your problem …how many drivers on here ask to see insurance policy …guessing none.
correct 
I’ve only been named on one policy in 25 years 
and took that copy with me. Named and only four of us on it! R730 V8 SCANIA thank you! 
OP you’d be covered, I would say NOTHING TO SEE HERE " move on ! " 
Chris1207:
Spot on, no solicitor required, though ask for the duty one if you wish.Your statement simply needs to be that You were driving the vehicle, owned/leased by your employer, in the course of your employment, and that you had no reason to believe there was no insurance policy in place on the vehicle.
If they get funny/don’t understand your point, refer them to RTA 1988, S143(3).
HTH.
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.
if i was getting interviewed under caution i would still be taking a soliciter along as well as all the evidance.
as for calling up the insurance companies to find out if your insured wont get you far as the reply you will get is they cant disclose a customers insurance policy details to a stranger over the phone.
(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.
Being interviewed under caution is merely a police formality and as long as you comply with all of the above then the matter is closed as far as you are concerned, you don’t need to take a solicitor along with you, which could be costly, (unless there is something more that you’re not telling us)
4aaaa4dd:
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 ?
This may seem daft, how did they know you was driving it?
Cheers
A Daft Welly.
alphonsohall:
beng interviewed under caution is merely a police formality and as long as you comply with all of the above then the matter is closed as far as you are concerned, you don’t need to take a solicitor along with you, which could be costly, (unless there is something more that you’re not telling us)
Rubbish.
A bit off topic, but relevant, Ched Evans was convicted by evidence HE gave to the police. If he had gone with a “no comment” interview (which no doubt he would have done, had he taken counsel before “helping the police”) he would have been a free man.
He hung himself, be careful not to do likewise.
nick2008:
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 ?
■■?
I worked in Europe and insurance documents have to be carried , so do all other paper work for the truck plus authorisation to use the vehicle , they got my address from my passport when I booked on ferry back to uk… it was dover port police that handed my details over to kent police so the could contact me.
thought you would of known this after 30yrs driving a truck ?
4aaaa4dd:
I worked in Europe and insurance documents have to be carried , so do all other paper work for the truck plus authorisation to use the vehicle , they got my address from my passport when I booked on ferry back to uk… it was dover port police that handed my details over to kent police so the could contact me.
thought you would of known this after 30yrs driving a truck ?
well that now makes sense it did go through my noggin but you didn’t give any other details.
so what was the date of expire on the ins docket . if you still have it ( I would have had a pic on my phone if it was me or a spare back up copy) that’s your evidence either way anyone (in Control) could cancel an ins policy at any time so as the driver you would have No control on this unless your the one the policy is taken out by
not everyone goes over the water
nick2008:
4aaaa4dd:
I worked in Europe and insurance documents have to be carried , so do all other paper work for the truck plus authorisation to use the vehicle , they got my address from my passport when I booked on ferry back to uk… it was dover port police that handed my details over to kent police so the could contact me.
thought you would of known this after 30yrs driving a truck ?well that now makes sense it did go through my noggin but you didn’t give any other details.
so what was the date of expire on the ins docket . if you still have it ( I would have had a pic on my phone if it was me or a spare back up copy) that’s your evidence either way anyone (in Control) could cancel an ins policy at any time so as the driver you would have No control on this unless your the one the policy is taken out by
not everyone goes over the water
and not everyone has insurance in their cab ? but some do … I was asking to what extent I was liable for insurance checks didn’t think I would have to prove to other ops I had insurance docs in cab…
4aaaa4dd:
and not everyone has insurance in their cab ? but some do … I was asking to what extent I was liable for insurance checks didn’t think I would have to prove to other ops I had insurance docs in cab…
no fella you don’t but it was just a strange one having doc’s in the cab…
but as you said going over the water is a different kettle of fish …
I really don’t think you’ll have any problem just tell em what you had was all ok as far as you were concerned
do yourself a favour …even if your daft enough to go to the plodshop voluntary,then the only,only reply is…no comment.even if you have nothing to hide,or even if you have…no comment,and let them do their own job yourself…otherwise you will only dig yourself a hole that will make it easier for them to bury you.
