Road Traffic Act 1988, section 143

Users of motor vehicles to be insured

Part VI Third-Party Liabilities

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

(a)F951a person must not use a motor vehicle on a road[F950 or other public placeF950] unless there is in force in relation to the use of the vehicle by that person such a policy of insurance ... as complies with the requirements of this Part of this Act, and

(b)F953a person must not cause or permit any other person to use a motor vehicle on a road[F952 or other public placeF952] unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance ... 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)F954that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance ... as is mentioned in subsection (1) above.

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

Definitions used in section 143 4

motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act
policy of insurance

“policy of insurance” includes a covering note,

Defined in s.161(1) · see it in the full Act
invalid carriage

“invalid carriage” means a mechanically propelled vehicle the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability and is used solely by such a person,

Defined in s.185(1) · see it in the full Act

Cases considering section 143 45

R v Hughes

[2013] UKSC 56 · 31 July 2013Limits

Uninsured use of a motor vehicle is a strict-liability qualifying offence under section 3ZB. Its commission does not by itself make the driver criminally responsible for a death arising from a collision (see paras [4]; [17]; [28]).

Sahin v Havard & Anor

[2016] EWCA Civ 1202 · 30 November 2016Interprets

The court applied the prohibition on using or permitting another person to use a motor vehicle without compliant third-party insurance. It treated the separate wording for use and permission as material to the resulting liability (see paras [4]; [14]; [20]). The court relied on the express distinction between using a vehicle and causing or permitting another person to use it. Permission alone therefore did not amount to use for section 145 purposes (see para [20]).

EUI Ltd v Bristol Alliance Ltd Partnership

[2012] EWCA Civ 1267 · 11 October 2011Interprets

The court held that the statutory obligation is imposed on the vehicle user to ensure insurance is in force for the actual use of the vehicle. A use falling outside an effective policy limitation is uninsured for that use. (see paras [36]; [38]; [45]) Section 143(1) was construed as requiring the user to have a policy covering the use actually made of the vehicle. It did not impose a corresponding obligation on the insurer to cover every possible use. (see paras [36]; [38]) The court confirmed that use outside the cover required by section 143(1) remains subject to the statutory criminal sanction, even though an accident victim may be compensated through the statutory or MIB scheme. (see para [65])

25 more judgments, and what each says about section 143, are in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F949Words in s. 143 heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 6(2) (with reg. 5)
  2. F951Words in s. 143(1)(a) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 6(3) (with reg. 5)
  3. F950Words in s. 143(1)(a) inserted (3.4.2000) by S.I. 2000/726, art. 2(a)
  4. F953Words in s. 143(1)(b) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 6(3) (with reg. 5)
  5. F952Words in s. 143(1)(b) inserted (3.4.2000) by S.I. 2000/726, art. 2(b)
  6. F954Words in s. 143(3)(c) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 6(4) (with reg. 5)

Modifications

  1. C161S. 143 modified by Energy Act 1976 (c. 76, SIF 44:3), s. 4(2), Sch. 1 para. 4(1) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 17(b))
  2. C162S. 143 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
  3. C163S. 143(1)(2) excluded (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2