Hired Driver with illegal Trade Plates

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Mon 31 Oct 2022 11:59
Hired Driver with illegal Trade Plates - Farisai Chiweshe

I am seeking help for a friend, she bought a truck which she needed to export to Africa so she contracted a company who had TRADE PLATES to drive the truck to the Port. She followed the truck to the port in her car but when they got to the port the driver removed the plates on seeing traffic police driving towards the parked truck. The police then said the truck was uninsured took it away and charged the driver with driving an uninsured truck and then charged the owner of the truck with allowing the driver to drive her uninsured truck. She has opted to go to court as she is claiming that the driver and his company misled her into believing that by using the trade plates everything was covered. She has had to pay to remove her truck from storage and get another company to drive it back to the Port. What does the law say in such an instance. Can 2 people be charged for the same offence, can she be said to have allowed the driver to drive her truck without insurance?

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Mon 31 Oct 2022 12:40
Hired Driver with illegal Trade Plates - RT

The removal of the trade plates from the vehicle is important - after that the trade plates insurance wouldn't apply so both driver and owner do seem to be liable.

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Mon 31 Oct 2022 13:24
Hired Driver with illegal Trade Plates - Gibbo_Wirral

What does the law say in such an instance.

That all depends on the country you're in. I would guess that the majority of this group's members are in the UK.

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Mon 31 Oct 2022 13:55
Hired Driver with illegal Trade Plates - skidpan

Perhaps the truck was carrying a processed pork product.

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Mon 31 Oct 2022 14:01
Hired Driver with illegal Trade Plates - Cris_on_the_gas

In the UK trade plates are only to cover a car being driven without tax. Nothing to do with Insurance so sounds like a misunderstanding between you and the courier company.

Sounds like it's a painful lesson you have learned. If you are in another Country then best to ignore the advice and seek a local law expert for your country.

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Mon 31 Oct 2022 16:11
Hired Driver with illegal Trade Plates - Middleman

In the UK trade plates are only to cover a car being driven without tax. Nothing to do with Insurance so sounds like a misunderstanding between you and the courier company.

Indeed. As well as that (in the UK, at least), I don't believe trade plates can be used for the purpose you describe.

Can 2 people be charged for the same offence,...

Yes they can. It happens frequently when a car is loaned by one person to another when the owner does not check that insurance is in place.

...can she be said to have allowed the driver to drive her truck without insurance?

Certainly sound like it. As above, trade plates have nothing to do with insurance. When allowing somebody to drive a vehicle, both the owner and the driver must be absolutely certain that insurance is in place. There is a statutory defence for people who drive a vehicle belonging to their employer but that obviously does not apply here. It sounds as though your friend made no checks. Of course, it would be for the court to decide the matter, but arguing that she was misled because the driver used trade plates is unlikely to fly - especially as trade plates do not provide insurance cover.

The cost of failure in court will be high. She will pay an income related fine of one and a half weeks' net income. She will also pay a "Victim Surcharge" of 40% of the fine and a contribution towards prosecution costs which, for conviction following a trial, will be at least £620. As well as that she will have six points imposed on her driving record.

All of the above assumes this took place in the UK and the sentencing guidance I have provided applies to England & Wales only (though a similar outcome can be expected in the other parts of the UK).

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