What Is Section 144a of the Road Traffic Act?

Understanding the rules around uninsured vehicles is essential for all drivers and vehicle owners in the UK. Non-compliance with insurance laws is a criminal offence and can lead to severe penalties, including hefty fines, and even vehicle seizure. However, the majority of clients we deal with are concerned about the criminal conviction. 

In this guide, we will explain the specifics of Section 144a of the Road Traffic Act, which sets out the rules for keeping an uninsured motor vehicle. We will detail what is required to stay compliant, the potential costs involved, and the consequences of non-compliance. Whether you are a seasoned driver or a new vehicle owner, this overview will help you better understand vehicle insurance laws and ensure you stay on the right side of the law.

What is Section 144a of the Road Traffic Act?

Section 144a of the Road Traffic Act is a legal requirement that ensures all vehicles used on public roads in the UK have valid insurance. This law mandates that vehicle owners maintain at least third-party insurance coverage to protect against liability for injuries or damage caused to others. The aim is to promote responsible driving and ensure that all road users are financially protected in the event of an accident; as such, failure to comply with Section 144a can result in significant legal penalties.

The scope of Section 144a extends to all motor vehicles, including cars, motorcycles and commercial vehicles, that are driven or kept on public roads. It applies to both private individuals and businesses that operate vehicles. The primary focus of the law is to prevent uninsured vehicles from being used on public roads, thereby reducing the risk of accidents involving uninsured drivers and ensuring that victims of such accidents can receive appropriate compensation.

Key terms and concepts associated with Section 144a include:

• Insurance requirement: Section 144a mandates that all vehicles must have at least third-party insurance coverage. This type of insurance covers liability for injuries to others and damage to other vehicles or property in the event of an accident.
• Certificate of insurance: drivers must possess a valid certificate of insurance that proves their vehicle is adequately insured. This document must be presented to authorities upon request.
• Continuous insurance enforcement (CIE): this concept requires vehicle owners to ensure their vehicles are continuously insured with the correct insurance policy. Even if a vehicle is not being driven, it must still be insured unless it has been officially declared off the road.
• Statutory off-road notification (SORN): if a vehicle is not being used and kept off public roads, the owner must notify the Driver and Vehicle Licensing Agency (DVLA) through a SORN declaration. This exempts the vehicle from the insurance requirement until it is back on the road. A SORN is also issued when:
• Your vehicle is not taxed
• Your vehicle is not insured
• Your vehicle is to be broken down for parts before scrapping
• Penalty for non-compliance: failure to comply with Section 144a can result in significant penalties, including fines, vehicle seizure, and criminal conviction.

Understanding these key terms and concepts is essential for vehicle owners and drivers to ensure they comply with Section 144a. Proper insurance coverage means you will not only be adhering to legal requirements, but you will also benefit from financial protection in the event of an accident.

What Is The Purpose of Section 144a?

The primary reasons behind the implementation of Section 144a include:

• Enhancing road safety: by mandating insurance, Section 144a aims to promote safer driving habits and reduce the incidence of accidents caused by uninsured drivers.
• Protecting accident victims: when an accident involves an uninsured driver, the victims often face challenges in receiving compensation for their injuries and damages. Section 144a is designed to ensure that all drivers on the road are insured, to make sure that anyone involved in an accident can claim compensation from the insurer of the at-fault party.
• Reducing financial burden on the government: accidents involving uninsured drivers can lead to significant financial strain on government resources, as compensation may need to be provided through public funds. By enforcing mandatory insurance, Section 144a helps alleviate this burden, ensuring that insurance companies cover the costs instead.
• Encouraging responsible vehicle ownership: mandatory insurance requirements promote responsible behaviour among vehicle owners, encouraging them to maintain their vehicles properly and comply with all legal obligations associated with vehicle ownership.

By achieving these outcomes, Section 144a plays a vital role in creating a safer and more legally compliant road network in the UK.

What Is Required Under Section 144a?

Section 144a of the Road Traffic Act imposes specific legal requirements designed to ensure that all motor vehicles used or kept on public roads are properly insured. The key requirements include:

• Mandatory insurance coverage: all motor vehicles must have at least third-party insurance coverage. This insurance must cover liability for injuries to others and damage to other vehicles or property in the event of an accident.
• CIE: vehicle owners must maintain continuous insurance coverage for their vehicles. This means that a vehicle must be insured at all times, even if it is not currently being driven. The only exception to this requirement is if the vehicle has been declared off the road through a SORN.
• Possession of a valid certificate of insurance: drivers must hold a valid certificate of insurance that confirms their vehicle is adequately insured. This certificate must be presented to law enforcement officers upon request.

Who Must Comply with These Requirements?

The requirements under Section 144a apply to several categories of individuals and entities, including:

• Vehicle owners: individuals who own motor vehicles are primarily responsible for ensuring that their vehicles are insured according to the law. This applies to private individuals, companies and organisations that own vehicles.
• Drivers: those who operate motor vehicles must ensure that the vehicle they are driving is insured. Drivers are also responsible for holding a valid certificate of insurance and complying with the terms of the insurance policy.
• Businesses and fleet operators: companies that own and operate fleets of vehicles must ensure that all vehicles in their fleet are insured. This includes ensuring continuous insurance coverage and compliance with policy terms for all vehicles and drivers within the fleet.

What Vehicles Are Covered by Section 144a?

Section 144a covers a broad range of vehicles and scenarios to ensure comprehensive insurance coverage across all types of motor vehicles used on public roads. These include:

• Private vehicles: this includes personal cars, motorcycles and other private motor vehicles
• Commercial vehicles: this includes delivery vans, lorries and company cars
• Specialised vehicles: such as taxis, buses, and agricultural vehicles
• Temporary and seasonal use: vehicles that are used temporarily or seasonally, such as classic cars or recreational vehicles, must still adhere to the insurance requirements unless they are declared off the road through a SORN.

What Are the Penalties for Non-Compliance?

Non-compliance with Section 144a of the Road Traffic Act leads to significant penalties to ensure all vehicles on public roads are insured. These penalties are designed to enforce legal compliance and promote road safety.

• Fines: any drivers caught operating an uninsured vehicle will face an initial fixed penalty, but these fines can go considerably higher depending on the severity of the case.
• Vehicle seizure and impoundment: authorities can seize and impound uninsured vehicles. Owners must pay towing and storage fees to recover their vehicles, or they risk the vehicle being destroyed or sold.
• Court prosecution: severe cases may lead to court prosecution, resulting in higher fines
• Criminal conviction: court convictions for uninsured driving result in a criminal record, affecting employment opportunities, travel and personal reputation.
• Impact on vehicle registration: non-compliance can result in markers on the vehicle’s registration, complicating future vehicle transactions.

Exemptions and Special Cases Where Section 144a Does Not Apply

Section 144a of the Road Traffic Act requires all vehicles on public roads to have insurance. However, there are specific exemptions designed for unique situations where standard insurance rules may not be necessary:

• SORN declarations: vehicles declared off the road through a SORN with the DVLA are exempt from insurance requirements as long as they remain off public roads.
• Vehicles used on private property: vehicles exclusively used on private property, such as private estates, farms or industrial sites, are exempt from insurance requirements.
• Historic vehicles: classic vehicles not used for regular transportation and kept for exhibition or preservation purposes can be exempt if they have a SORN.
• Specialist vehicles: certain vehicles used in agriculture or construction, which do not travel on public roads, are exempt from standard insurance requirements.
• Military and emergency vehicles: may have exemptions due to their specific operational needs, covered under separate regulations.
• Temporary imports: can be exempt if they have equivalent insurance from their country of origin, meeting UK legal requirements.

How to Ensure You're Compliant With Section 144a

Seek legal advice to ensure you meet all requirements, avoid penalties, and contribute to safer roads. Detailed guidelines are provided below:

• Obtain adequate insurance coverage: ensure your vehicle has at least third-party insurance, covering liability for injuries and property damage.
• Maintain continuous insurance: renew your policy before it expires and avoid lapses in coverage to comply with CIE requirements.
• Declare off-road status: if your vehicle is not used on public roads, declare it off-road through a SORN with the DVLA to be exempt from insurance requirements.
• Verify coverage for all drivers: ensure that anyone driving your vehicle is covered under your policy, adding additional drivers if necessary.
• Choose reputable insurers: use insurance providers authorised by the Financial Conduct Authority (FCA) to ensure your policy is valid and legally recognised.

Keeping accurate records and documentation can be vital in making sure that you are able to demonstrate your compliance with the law at all times. You can do so by following this advice:

• Keep insurance certificates: always have a copy of your insurance certificate, in physical or digital form, to present to law enforcement if requested.
• Document renewals and payments: maintain records of insurance renewals, payments and correspondence with your provider to prove continuous coverage.
• Store SORN confirmation: keep the SORN confirmation from the DVLA as proof if your vehicle is declared off-road.
• Monitor policy details: regularly check your policy details, including coverage limits and named drivers, to ensure accuracy.

If you find yourself needing legal advice about the Section 144a Road Act, our team at JMW Solicitors is here to help. Our expert road law solicitors can provide you with support and assist you with the best outcome for your situation.

Contact us on 0345 872 6666, or fill in our online enquiry form to request a call back.