You are here

R v Heritage

Road Traffic - Criminal Procedure - Special reasons - Failure to have valid insurance - Vehicle driven from driveway on to road - Collision whilst parked - Magistrates entitled to hold shortness of distance driven was special reason for not endorsing licence even though Crown complained about leaving of car on road rather than fact of it having been driven - Road Traffic Act 1988, s 143 - Road Traffic Offenders Act 1988, Sched 2

11 October 2002

The defendant owned a Volkswagon Polo. In March 2001 he bought a new car to replace the Polo. The new car was registered in his wife’s name although he continued to insure the car under his own policy. As a result of conversations with his insurers the defendant reasonably, but wrongly, believed that the Polo was covered until it was sold. He drove the car from the driveway on to the street, a distance of two to three yards, in order to clean it. Whilst parked another vehicle collided with it. He was prosecuted for an offence of “use of a car on a road without a valid insurance policy being in force” contrary to s 143 of the Road Traffic Act 1988 and Sched 2 to the Road Traffic Offenders Act 1988. The defendant corresponded with the police regarding the usefulness of a prosecution. A senior administrative officer of the police informed him that the summons had to proceed as the offence was absolute but due to the mitigating circumstances the court should give an absolute discharg...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.