Taxi Driver Online

Who's responsibility is it to make sure a ph vehicle is insured?
I would obviously say the driver of the vehicle. But could it also be upto the operator who the "self employed driver" rents the radio from? Or is it the LA who should keep a check on these things? After all the LA check the insurance and issue an insurance disc to be displayed in the vehicle, as these records are stored on computer in the LO, i would have thought that when a disc expires it would show on the computer (maybe flash on the calender) and the LO would call the driver to tell him, and operator to sign him off until it's renewed?

NOT me btw!!

The registered owner of the vehicle is liable.

Regards

JD

Thought as much, that'll make someone happy tomorrow.

Any driver caught driving an uninsured vehicle cannot rely on the defence that they were oblivious to the fact that the vehicle was not insured? Ignorance of the insured status of the vehicle is no defence in law but I suspect you know that.

Regards

JD

its just the same as who's responsible for taxing a vehicle...?
the driver not the registered keeper.

the registered keeper isnt always the one who drives the vehicle and the v5 doesnt prove ownership of a vehicle either.

I drive vehicles with no insurance all the time.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

This might help, Geoff? And it would appear under certain circumstances there is a defence for ignorance.
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ROAD TRAFFIC ACT 1988
1988 CHAPTER 52

PART VI THIRD-PARTY LIABILITIES
Compulsory insurance or security against third-party risks
Royal Assent [15 November 1988]

Road Traffic Act 1988, Ch. 52, s. 143 (Eng.)

143 Users of motor vehicles to be insured or secured against third-party risks

(1) Subject to the provisions of this Part of this Act--

(a) a person must not use a motor vehicle on a road [or other public place] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and

(b) a person must not cause or permit any other person to use a motor vehicle on a road [or other public place] unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.

(2) If a person acts in contravention of subsection (1) above he is guilty of an offence.

(3) A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves--

(a) that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,

(b) that he was using the vehicle in the course of his employment, and

(c) that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.

(4) This Part of this Act does not apply to invalid carriages.

NOTES:

Derivation

This section derived from the Road Traffic Act 1972, s 143.

Initial Commencement

Specified date

Specified date: 15 May 1989: see s 197(2).

Amendment

Sub-s (1): in para (a) words or other public place in square brackets inserted by SI 2000/726, reg 2(1), (2)(a).

Date in force: 3 April 2000: see SI 2000/726, reg 1.

Sub-s (1): in para (b) words or other public place in square brackets inserted by SI 2000/726, reg 2(1), (2)(b).

Date in force: 3 April 2000: see SI 2000/726, reg 1.
.................................

Exemptions from section 143
...............................................

ROAD TRAFFIC ACT 1988
1988 CHAPTER 52

PART VI THIRD-PARTY LIABILITIES
Compulsory insurance or security against third-party risks
Royal Assent [15 November 1988]

Road Traffic Act 1988, Ch. 52, s. 144 (Eng.)

144 Exceptions from requirement of third-party insurance or security

(1) Section 143 of this Act does not apply to a vehicle [b]owned by a person who has deposited and keeps deposited with the Accountant General of the Supreme Court [Senior Courts] the sum of [£500,000], at a time when the vehicle is being driven under the owner's control. [/b]

[(1A) The Secretary of State may by order made by statutory instrument substitute a greater sum for the sum for the time being specified in subsection (1) above.

(1B) No order shall be made under subsection (1A) above unless a draft of it has been laid before and approved by resolution of each House of Parliament.]

(2) Section 143 does not apply--

(a) to a vehicle owned

(i) by the council of a county or county district in England and Wales, [the Broads Authority] the Common Council of the Cityof London, the council of a London borough [a National Park authority], the Inner London Education Authority, [the London Fire and Emergency Planning Authority,] or a joint authority (other than a police authority) established by Part IV of the Local Government Act 1985,

(ii) by a [council constituted under section 2 of the Local Government etc (Scotland) Act 1994] in Scotland, or

(iii) by a joint board or committee in England or Wales, or joint committee in Scotland, which is so constituted as to include among its members representatives of any such council,

at a time when the vehicle is being driven under the owner's control,

(b) to a vehicle owned by a police authority . . ., at a time when it is being driven under the owner's control, or to a vehicle at a time when it is being driven for police purposes by or under the direction of a constable, or by a person employed by a police authority. . ., or

[(ba) . . .]

(c) to a vehicle at a time when it is being driven on a journey to or from any place undertaken for salvage purposes pursuant to Part IX of the [Merchant Shipping Act 1995],

(d) to the use of a vehicle for the purpose of its being provided in pursuance of a direction under section 166(2)(b) of the Army Act 1955 or under the corresponding provision of the Air Force Act 1955,

[(da) to a vehicle owned by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990 [by a Primary Care Trust established under section 16A of the National Health Service Act 1977][, by a Local Health Board established under section 16BA of that Act] [or by the [Commission for Healthcare Audit and Inspection]], at a time when the vehicle is being driven under the owner's control,

(db) to an ambulance owned by a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, at a time when a vehicle is being driven under the owner's control,]

[(dc) to an ambulance owned by an NHS foundation trust, at a time when the vehicle is being driven under the owner's control,]

(e) to a vehicle which is made available bythe Secretary of State to any person, body or local authority in pursuance of section 23 or 26 of the National Health Service Act 1977 at a time when it is being used in accordance with the terms on which it is so made available,

(f) to a vehicle which ismade available by the Secretary of State to any local authority, education authority or voluntary organisation in Scotland in pursuance of section 15 or 16 of the National Health Service (Scotland) Act 1978 at a time when it is being used in accordance with the terms on which it is so made available,

[(g) to a vehicle owned by the Commission for Social Care Inspection, at a time when the vehicle is being driven under the owner's control].

NOTES:


Derivation

This section derived from the Road Traffic Act 1972, s 144, the Local Government Act 1972, Sch 30, the National Health Service (Vehicles) Order 1974, SI 1974/168, the National Health Service (Vehicles) (Scotland) Order 1974, SI 1974/1491, the Interpretation Act 1978, s 17(2), the London Regional TransportAct 1984, Sch 6, para 10, and the Local Government Act 1985, Sch 14, para 49, Sch 17.

Initial Commencement

Specified date

Specified date: 15 May 1989: see s 197(2).

Amendment

Sub-s (1): words Supreme Court in italics repealed and subsequent words in square brackets substituted by the Constitutional Reform Act 2005, s 59(5), Sch 11, Pt 2, para 4(1), (3).

Date in force: to be appointed: see the Constitutional Reform Act 2005, s 148(1).

Sub-s (1): sum £500,000 in square brackets substituted by the Road Traffic Act 1991, s 20(2).

Sub-ss (1A), (1B): inserted by the Road Traffic Act 1991, s 20(3).

Sub-s (2): in para (a)(i) words the Broads Authority in square brackets inserted by the Norfolk and Suffolk Broads Act 1988, s 21, Sch 6, para 9.

Sub-s (2): in para (a)(i) words a National Park authority in square brackets inserted by the Environment Act 1995, s 78, Sch 10, para 29.

Sub-s (2): in para (a)(i) words the London Fire and Emergency Planning Authority, in square brackets inserted by the Greater London Authority Act 1999, s 328, Sch 29, Pt I, para 54.

Date in force: 3 July 2000: see SI 2000/1094, art 4(h).

Sub-s (2): in para (a)(ii) words from council constituted to Act 1994 in square brackets substituted by the Local Government etc (Scotland) Act 1994, s 180(1), Sch 13, para 159(8).

Sub-s (2): in para (b) words omitted repealed by the Greater London Authority Act 1999, ss 325, 423, Sch 27, para 61, Sch 34, Pt VII.

Date in force: 3 July 2000: see SI 2000/1648, art 2, Schedule.

Sub-s (2): para (ba) inserted by the Police Act 1997, s 134(1), Sch 9, para 59.

Date in force: 1 April 1998: see SI 1998/354, art 2(2)(bb).

Sub-s (2): para (ba) repealed by the Serious Organised Crime and Police Act 2005, ss 59, 174(2), Sch 4, paras 52, 54, Sch 17, Pt 2.

Date in force: 1 April 2006: see SI 2006/378, art 4(1), Schedule, para 10.

Sub-s (2): in para (c) words Merchant Shipping Act 1995 in square brackets substituted by the Merchant Shipping Act 1995, s 314(2), Sch 13, para 85.

Sub-s (2): paras (da), (db) inserted by the National Health Service and Community Care Act 1990, s 60, Sch 8, Pt I, para 4.

Sub-s (2): in para (da) words by a Primary Care Trust established under section 16A of the National Health Service Act 1977 in square brackets inserted by SI 2000/90, art 3(1), Sch 1, para 23.

Date in force: 8 February 2000: see SI 2000/90, art 1.

Sub-s (2): in para (da) words by a Local Health Board established under section 16BA of that Act in square brackets inserted by the National Health Service Reform and Health Care Professions Act 2002, s 6(2), Sch 5, para 29.

Date in force: 10 October 2002: see SI 2002/2532, art 2, Schedule. See also SI 2006/1407, arts 1(1), 2, Sch 1, Pt 2, para 12(c).

Sub-s (2): in para (da) words in square brackets beginning with the words or by the inserted by SI 1999/2795, art 4.

Date in force: 1 November 1999: see SI 1999/2795, art 1(1); for further provision as to the effect of this amendment see art 1(2).

Sub-s (2): in para (da) words Commission for Healthcare Audit and Inspection in square brackets substituted by SI 2004/2987, art 2(1)(f)(i).

Date in force: 11 November 2004: see SI 2004/2987, art 1(1).

Sub-s (2): para (dc) inserted by the Health and SocialCare (Community Health and Standards) Act 2003, s 34, Sch 4, paras 73, 74.

Date in force: 1 April 2004: see SI 2004/759, art 2.

Sub-s (2): para (g) inserted by SI 2004/2987, art 2(1)(f)(ii).

Date in force: 11 November 2004: see SI 2004/2987, art 1(1).

See Further

See further, for provision whereby the body corporate known as the Residuary Body for Wales is to be included among the bodies specified in subsection (2)(a) above: the Local Government (Wales) Act 1994, Sch 13, para 25(d).

See further, for provision whereby the body corporate known as the Local Government Residuary Body (England) is to be included among the bodies specified in subsection (2)(a) above: the Local Government Residuary Body (England) Order 1995, SI 1995/401, Schedule, para 6.

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Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance or security?
.............................................

ROAD TRAFFIC ACT 1988
1988 CHAPTER 52

PART VII MISCELLANEOUS AND GENERAL
Other duties to give information or documents
Royal Assent [15 November 1988]

Road Traffic Act 1988, Ch. 52, s. 171 (Eng.)

171 Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance or security

(1) For the purpose of determining whether a motor vehicle was or was not being driven in contravention of section 143 of this Act on any occasion when the driver was required under section 165(1) or 170 of this Act to produce such a certificate of insurance or security, or other evidence, as is mentioned in section 165(2)(a) of this Act, the owner of the vehicle must give such information as he may be required, by or on behalf of a chief officer of police, to give.

(2) A person who fails to comply with the requirement of subsection (1) above is guilty of an offence.

(3) In this section owner in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement.

NOTES:


Derivation

This section derived from the Road Traffic Act 1972, s 167.

Initial Commencement

Specified date

Specified date: 15 May 1989: see s 197(2).
....................................

1988 CHAPTER 52

PART VII MISCELLANEOUS AND GENERAL
Powers of constables and other authorised persons
Royal Assent [15 November 1988]

Road Traffic Act 1988, Ch. 52, s. 165 (Eng.)

165 Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates

(1) Any of the following persons--

(a) a person driving a motor vehicle (other than an invalid carriage) on a road, or

(b) a person whom a constable [or vehicle examiner] has reasonable cause to believe to have been the driver of a motor vehicle (other than an invalid carriage) at a time when an accident occurred owing to its presence on a road [or other public place], or

(c) a person whom a constable [or vehicle examiner] has reasonable cause to believe to have committed an offence in relation to the use on a road of a motor vehicle (other than an invalid carriage),

[b]must, on being so required by a constable [or vehicle examiner], give his name and address and the name and address of the "owner" of the vehicle and produce the following documents for examination.

(2) Those documents are--

(a) the relevant certificate of insurance or certificate of security (within the meaning of Part VI of this Act), or such other evidence that the vehicle is not or was not being driven in contravention of section 143 of this Act as may be prescribed by regulations made by the Secretary of State,

(b) in relation to a vehicle to which section 47 of this Act applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section, and

(c) in relation to a goods vehicle the use of which on a road without a plating certificate or goods vehicle test certificate is an offence under section 53(1) or (2) of this Act, any such certificate issued in respect of that vehicle or any trailer drawn by it.

(3) Subject to subsection (4) below, a person who fails to comply with a requirement under subsection (1) above is guilty of an offence.

(4) A person shall not be convicted of an offence under [subsection (3)] above by reason only of failure to produce any certificate or other evidence . . . if in proceedings against him for the offence he shows that--

(a) within seven days after the date on which the production of the certificate or other evidence was required it was produced at a police station that was specified by him at the time when its production was required, or

(b) it was produced there as soon as was reasonably practicable, or

(c) it was not reasonably practicable for it to be produced there before the day on which the proceedings were commenced,

and for the purposes of this subsectionthe laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

(5) A person--

(a) who supervises the holder of a provisional licence granted under Part III of this Act while the holder is driving on a road a motor vehicle (other than an invalid carriage), or

(b) whom a constable [or vehicle examiner] has reasonable cause to believe was supervising the holder of such a licence while driving, at a time when an accident occurred owing to the presence of the vehicle on a road or at a time when an offence is suspected of having been committed by the holder of the provisional licence in relation to the use of the vehicle on a road,

must, on being so required by a constable [or vehicle examiner], give his name and address and the name and address of the owner of the vehicle.

(6) A person who fails to comply with a requirement under subsection (5) above is guilty of an offence.

(7) In this section owner in relation to a vehicle which is the subject of a hiring agreement, includes each party to the agreement [and vehicle examiner means an examiner appointed under section 66A of this Act].

NOTES:


Derivation

This section derived from the Road Traffic Act 1972, s 162, the Road TrafficAct 1974, s 10(6), Sch 7, and the Road Traffic (Production of Documents) Act 1985, s 1(1), (5).

Initial Commencement

Specified date

Specified date: 15 May 1989: see s 197(2).

Amendment

Sub-s (1): words or vehicle examiner in square brackets in each place they occur inserted by the Road Traffic Act 1991, s 48, Sch 4, para 69(1), (2).

Sub-s (1): in para (b) words or other public place in square brackets inserted by SI 2000/726, reg 2(1), (5).

Date in force: 3 April 2000: see SI 2000/726, reg 1.

Sub-s (4): words in square brackets substituted by the Road Traffic (Driver Licensing and Information Systems) Act 1989, s 7, Sch 3, para 19; words omitted repealed by the Road Traffic Act 1991, s 83, Sch 8.

Sub-s (5): words or vehicle examiner in square brackets in both places they occur inserted by the Road Traffic Act 1991, s 48, Sch 4, para 69(1), (3).

Sub-s (7): words in square brackets inserted by the Road Traffic Act 1991, s 48, Sch 4, para 69(4).

Subordinate Legislation

Motor Vehicles (Third Party Risks) (Amendment) Regulations 1992, SI 1992/1283.

Motor Vehicles (Third Party Risks) (Amendment) Regulations 1997, SI 1997/97.
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I think it's a case of everyone's responsibility.

The council when they license it, the driver everytime he gets in it and the operator everytime he gives the driver a job.

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IDFIMH

Their must come a point when it's impossible to verify day to day. Lots of drivers have 12 month policy's they can show it and cancel it the next day. I know lots if not all insurance companies notify the LA's if a policy is cancelled.
Our operator has a weekly insurance company himself, this way those who insure with him, if they havent renewed on the due day are signed off the system, but ultimately it must be up to the driver.

I think if an insurance company cancels a policy, for whatever reason, they should contact the council.

If they don't then they should be held as responsible as the driver. If they do then the council should be held as responsible as the driver.

But there isn't much an operator can do unless someone tells them, or the insurance runs out.

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IDFIMH

To clarify what is being said by our LO,

When a job is booked the contract is with the company. The company is therefore liable under section 143 that the vehicle has the relevant insurance to carry out the job, and is therefore also liable for prosecution if it is not. I personally do not agree with his interpretation of section 143. Because of this we are being made to keep records of all Drivers insurance details which I believe is the LO's job.

This according to the LO is incase they catch an uninsured vehicle on our fleet we can prove to a court that we took reasonable precautions to ensure all vehicles were legal and we should not be prosecuted.

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It's so nice to be insane, no one asks me to explain.

In london it is the operators responsibility to make sure the drivers are insured. The PCO come in on a regular basis to check drivers documents.

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stressed controller!!!