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Ford Fiesta. - Driving without displaying a valid RFL - Graham1958

First I am trained as a solicitor, but don't currently hold a practising certificate. My intended specialist areas are PI, clinincal negnigence, housing and advanced criminal. I read with interest some of the legal issues concerned with parking contraventions (or alleged) which did make me smile. Some of the advice given I am familar with including the procedure of issuing charge certificates/ putting in a witness statement to knock down any judgment...only because I got a ticket myself from Westminster City Council...which times out at the end of this month.

I bought a car today from CarGiant and had insurance for seven days from Aviva (and a current MOT) to drive it back to my home. In the back of my mind I know that it is a strict liability offence to drive a motor vehicle on a public highway without displaying a vaild RFL.

The only exception I could find was if the vehicle is displaying "trade plates". I trawled through the relevant legislation....to no avail..I rang Aviva to enquire as to my legal position (total waste of time). I am not a tax doger, am regulated by the SRA...so have to be squeeky clean. I put my best suit on (not jeans) in case I got stopped by a police officer on a bad day...who would not be reasonable.

In the back of my mind....if this goes "pear shaped"...two causes of action...a prima facia case in Neg where CarGiant and Aviva are both joint and severably liable in a civil claim which I could do representing myself. In a criminal suit against me I could "pull in" Aviva for accomplice liability.....which the CPS would not even touch...because of who the co defendant was (Aviva) QC'd up to the hilt....

I didn't get stopped...the car is on private land now.....so everybody got away okay.

My question to Lucy, is by what authority can Aviva issue insurance to drive a car on a public highway without a RFL, save an arrangment with DVLA....a sort of undertaking?

thanks G

Ford Fiesta. - Driving without displaying a valid RFL - Dwight Van Driver

Surely Graham there is no requirement at law for an Insurance Company to refuse issue of a Certificate of Insurance because there is no Excise Licence in force. To the contrary an Excise Licence cannot be issued unless there is evidence that Insurance is in force.

dvd

Driving without displaying a valid RFL - SlidingPillar

Suppose you drive a SORNed car to a pre-arranged MOT. No tax, but quite legal if it has insurance. I've done it.

So my take is the insurance company has no obligation on the tax front at all. All they care about is whether you filled in the proposal correctly and the vehicle is road-worthy.

Driving without displaying a valid RFL - bathtub tom

The OP suggests they're a 'trained solicitor'.

If so, then surely they'd be aware it's their responsibility to ensure the vehicle's legal before they drive it on the public highway?

Ford Fiesta. - Driving without displaying a valid RFL - Avant

I agree with the above - they seem to be two separate issues. I don't think I've ever been asked whether a car is taxed or not when taking out an insurance policy.

If you see this, Lucy, you might like to give an opinion on whether an insurance company would try to get out of paying a claim on the grounds of no RFL or MOT. I don't see it as an exclusion in the policies I've got - only a general exclusion for 'loss or damage due to deception'.

And what would an insurer do if an accident was caused by the unroadworthy condition of your car?

Ford Fiesta. - Driving without displaying a valid RFL - LucyBC

A car does not have to be taxed to be insured but it does have to be insured at the time of purchase of the road fund licence.

No MOT does not invalidate insurance - although there have been atrtempts by a few insurers to make it a condition of insurance they have lost in court and with the Ombudsman.

An insurer will notmally pay a claim whether a vehicle has an MOT or not, but they can refuse to pay our (or deduct) if the vehicle is unroadworthy and particularly if the unroadworthiness contributes to the accident.

For example if a car is involved in an apparent non-fault accident but it emerges they ahd defective tyres and hence could not stop as quickly as they should have then that will have an impact on the outcome. However if a car is parked in the street with defective tyres and another vehicle runs into it then the tyres are unlikely to have any impact on the settlement.

MOTs do come into play in insurance cases but only in the settlement of write-offs, a car without an MOT being deemed less valuable than a car that has one.

Ford Fiesta. - Driving without displaying a valid RFL - Ben 10

Hi Lucy. What about driving with expired or no RFL disc?

If the insurance on the vehicle is in date but the RFL has expired or not on the vehicle at time of purchase, will the insurance company pay out in the event of an accident, or windscreen replacement. Even with a current MOT.

Ford Fiesta. - Driving without displaying a valid RFL - LucyBC

Yes they will.

Ford Fiesta. - Driving without displaying a valid RFL - Collos25

I am glad this gentleman is not repersenting me what a pl!!!!!!!! its so simple you tax the car or have the garage tax the car before you pick it up its not so complicated is it.

If this is the standard of solicters to be in the UK then I hope I don't one.

Mind you Lucy is the other end of the scale both accurate and precise I suppose there are good and bad in every profession .

Ford Fiesta. - Driving without displaying a valid RFL - Ben 10

"its so simple you tax the car or have the garage tax the car before you pick it up its not so complicated is it."

If the vehicle is bought at auction it is quite impossible to have RFL for any vehicle unless there happens to be RFL left by the vendor, which is extremely rare. The auction sites usually require bought vehicles to be taken away on the day. So you either have to have trade plates, a tow truck or have it delivered. But the majority of private buyers end up driving away without RFL. So not so simple in this case. You only have to watch how many cars leave an auction site without RFL each auction day to see how widespread this problem for buyers is.

Ford Fiesta. - Driving without displaying a valid RFL - Collos25

Its still not a problem to get the car home legally,were talking about a so called solicter I think he is a school kid who has read a law book.

There are loads of transport firms that will move a car for you and providing a the car has an mot then you can pre arrange seven days free cover insurance and tax the car at a local post office.

I have never seen an auction that would not let you leave a car overnight .

Ford Fiesta. - Driving without displaying a valid RFL - Ben 10

"I have never seen an auction that would not let you leave a car overnight"

You're right. But they don't like it. That's why they charge if it's not of their premises within 24 hrs. Along with other fees, many private buyers would rather drive away same day.

Ford Fiesta. - Driving without displaying a valid RFL - Collos25
I don't disagree with you many people do break the law the consequences though can be quite horrendous for what at first seemed a minor offence.
Ford Fiesta. - Driving without displaying a valid RFL - Lygonos

Don't feed the solicitroll.