Road traffic
Using a vehicle without insurance
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine
Actus reus
- Uses a motor vehicle on a road or other public place without a policy of insurance or security in respect of third-party risks (RTA 1988, s.143(1)). Causing or permitting use without insurance is a separate limb (s.143(1)(b)).
Mens rea
- Using without insurance is generally treated as not requiring proof of knowledge of the lack of cover. Statutory defences exist (including s.143(3) for employees in some circumstances) — read the section.
Defences
Valid cover existed for that use · Not using on a road or public place · Statutory employee defence (s.143(3)) if the facts fit
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band B to Band C fine.
At the police station
Ask for the policy schedule and whether MID is wrong. Honest mistake is usually mitigation, not a defence, unless a statutory defence applies.
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.143 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗