no insurance (owner) prosecutions

theAwakening

a few of the barristers may be able to share their wisdom here..

in order to prosecute the owner of a vehicle for sect 56(3), in respect of the use of his/her vehicle on a particular occasion by another disqualified person, known to the owner, must evidence be given of a demand made of the owner under section 69(2) by gardai.....or can the owner be prosecuted solely under sect 56(3), once the case against the disqualified user has been proven?

in other words, must an owner be convicted of an offence under 69 in order to be convicted of sect 56(3), in a case where a disqualified driver has used their car on a particular occasion?

this query concerns technicalities regarding evidential proofs in cases where the user is ineligible by law to hold insurance, e.g. under 17 years of age, disqualified etc....and the vehicle's owner is therefore prosecuted under sect 56(3), as a co-accused, as such..

pops1

hi have a problem i if the car you were stopped in is no longer yours /it had no insurance as i was after paying insurance on a different car ,as old car was playing up/can you be put off the road .and how much of a fine please .as i im worried about being put of the road pleaser
thanks pops1

pops1

hi can any one let me no please /if car your stopped in is sold /and you no insurance on it can you be proseocuted, a have insurance on better car please thanks pops1

endacl

@pops1

(A) Were you driving an uninsured vehicle?

(B) There is no (B)

If you drove an uninsured vehicle, you are guilty of that offence. If you 'knowingly' drove an uninsured vehicle, you are also guilty of stupidity.

Also, you won't get advice here. You also appear to have committed the offence of 'not reading the charter'.

Peregrinus

pops1 wrote: »

. . . i im worried about being put of the road pleaser

You could be put off the road (for up to two years) but I would think it's unlikely for a first offence. It's not like drink driving, where disqualification is mandatory.

pops1

thanks for replys /it was stupid of me .to drive ,in that but it was just I had to get a different car.as the one I was stopped in was /being given in to a garage as I had sold it / my only proble m is that the garda.i wanted theb insurance .for the car I sold /I rang the company and they said they don't do things like that/give out letters/Iim iminn sured .now /plus nct /and tax/ , would any one one no if id be put of road as when I do a bit of relief work I have to travel aout 80 miles there and back thanks pops1

Peregrinus

What you should have done, I think, is ring your insurer before driving the old car and arranged a temporary transfer of your insurance from the new car, which you weren't driving, to the old car, which you were.

You didn't do this, and it's too late now. But if you plead guilty, apologise, explain that you failed to transfer the insurance through confusion or oversight and show that you are are now insured for whatever car you are driving, and if this is your first offence, you are very, very unlikely to be put off the road.

littlemac1980

pops1 wrote: »

thanks for replys /it was stupid of me .to drive ,in that but it was just I had to get a different car.as the one I was stopped in was /being given in to a garage as I had sold it / my only proble m is that the garda.i wanted theb insurance .for the car I sold /I rang the company and they said they don't do things like that/give out letters/Iim iminn sured .now /plus nct /and tax/ , would any one one no if id be put of road as when I do a bit of relief work I have to travel aout 80 miles there and back thanks pops1

If you want to have the best chance of not being put off the road you should really get a solicitor.

endacl

littlemac1980 wrote: »

If you want to have the best chance of not being put off the road you should really only drive cars that you're insured to drive.

FYP...