Road traffic
Fail to produce insurance certificate
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 4 fine
Actus reus
- A person driving a motor vehicle on a road, or a person whom a constable or vehicle examiner has reasonable cause to believe was driving, must produce evidence of insurance on being so required (RTA 1988, s.165(1)). Failure to comply is an offence (s.165(3)).
Mens rea
- Failure to produce when required. Production at a specified police station within seven days, or as soon as reasonably practicable, is a defence (s.165(4)).
Defences
s.165(4) seven-day / reasonably practicable production · No valid requirement · Evidence was produced
Sentencing Council
Sentencing Council guideline effective 04 August 2008. Offence range: Discharge to Band A fine This offence is non-endorsable and does not attract penalty points Starting point: Band.
At the police station
This is not no-insurance (s.143). A later produce-at-station is often the whole case.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.165 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗