droopydrawers wrote:
Can anyone help me urgently please.
This isn't for me but I have offered to help by making enquiries on this site.
If an employer gave you the keys to a vehicle to use on works business.....would you assume he had it insured for said business.
Then subsequently you got stopped, and NO, SAID EMPLOYER ISN'T INSURED.along comes a letter to appear in court for driving with no Insurance......who is to blame in eyes of the law...
Help needed urgently please as time isn't on our side.
Regrads DD.
This question is a regular on the Traf Pol's exams
I posted up a series from one exam paper a bit back (Improve section - there's a cluster of them from ca March 2005 ...I think? )
Anyway - one of the fave questions involvs chap stopped whilst driving the boss's car.. only to find it not insured ..
as it had expired under the direct debit or was a hire car - hired on basis that firm takes out own inusrance .. and they forgot to add to the list. Lbanghead: (It does actually happen .. numpty middle managers
) Driver claims he was employed and vehicle used in course of the emploment.
The candidate is asked - usually - if BOTH were prosecuted .. with whom does the burden of proof lie?
Well ..
.. in the case of the driver.. with the defence.
In the case of the RK /lease holder - the prosecution.
The RTA 1988 S143 (3) provides a statutory defence for an employee - if he or she is using the employer's vehicle without insurance
provided that he or she is NOT the owner of said vehicle and if used in the course of the emplyment and he or she had no reason to suspect it was not - er - insured .
BUT .. this burden of proof
lies with the employee and the issue is normally judged on the balance of probabilities (case to refer to R v Carr-Briant 1943)
Where the OWNER is suspected of committing an offence of using, causing or permitting the use of a vehicle on a road without insurance - the burden of proof lies with the
prosecution to show the driver was acting in the course of the emplyment. The word of the driver taht he or she was doing so will not be enough to convict the owner of the offence of using/allowing use of the car without insurance. (Jones v DPP 1999)
You need to see a lawyer .
We would probably send to crushers here. We are a bit 'ard that way up here in't North. We do proper policing here.. not speed cams
as such