Download Brake`s response to the Department for Transport`s proposals to

Brake’s response to the Department for Transport’s proposals to
inform regulations for the introduction and operation of a
scheme for continuous insurance enforcement of statutory
motor insurance
April 2009
For all queries, please contact: Helena Houghton, campaigns officer
tel: 01484 559961/ 559909, email: [email protected]
About Brake
Brake is a national road safety charity, dedicated to stopping deaths and injuries on roads and
caring for people bereaved and affected by road crashes. Brake carries out research into road
users’ attitudes on aspects of road safety, including attitudes towards driver testing and
enforcement.
Alongside many other road safety issues, Brake campaigns for improved enforcement of road
safety law, calling for more visible and specialist traffic police, with access to modern technology,
such as ANPR, to enable them to do their job. Brake also campaigns for tougher penalties for
drivers flouting road safety laws.
General comments
Brake welcomes any proposals that seek to address the problem of uninsured drivers, but urges
the Government to ensure that any changes are communicated clearly to drivers and that penalties
for offences relating to driving without insurance act as a deterrent for any driver thinking of driving
uninsured.
Answers to questions
Do you have any views on the process for warning those who appear from the record to be
uninsured?
In order to limit the time that drivers could potentially be driving uninsured, Brake is urging the
Government to send out initial warnings promptly and set tight deadlines for drivers to respond to
them. It should also ensure that there is as little time delay as possible before enforcement action
is taken if drivers do not respond to their initial warning.
Drivers may not respond to their initial warning if they believe that it will cost them less to drive
uninsured and risk their car being impounded and disposed of, or if they are unlicensed and
therefore cannot take out insurance. In these circumstances, and others, they may decide to ignore
the warnings and continue to drive while uninsured. Having a tight time schedule for initial
warnings and subsequent enforcement action will help to ensure that enforcement acts as a
deterrent and there is no incentive for drivers to avoid taking out insurance.
Research shows that uninsured drivers are more likely to be involved in road crashes and so pose
a threat to other road users. For this reason, it is important to ensure that the warning process will
take as little time as possible in order to prevent the driver from ignoring any warnings or avoiding
taking out insurance while continuing to drive.
Are the exceptions we have proposed appropriate?
Brake has no specific comments on the exceptions proposed. Brake welcomes the Government’s
plans to publicise and raise awareness before the scheme comes into force in order to allow
drivers a period of time to adjust to the new arrangements.
Our proposal is that if an individual fails to respond and to take action, in spite of a warning
letter, a £100 penalty is payable, which will be reduced to £50 if paid within 21 days. Do you
think this is appropriate?
Brake believes that the proposed penalty is too low and will not act as an effective deterrent to
uninsured drivers, since the average annual comprehensive insurance policy is £4861. It is likely
that the reason many drivers decide to drive uninsured is because they have calculated that the
cost of taking out insurance would be more than the cost of a small fine, which they will only have
to pay if caught. Any new penalty introduced as part of a continuous insurance enforcement
scheme must be higher than a potential insurance policy to encourage drivers to take out
insurance.
It is important to note that the fine for failing to have a TV licence can be up to £1000. If the
proposed plans go ahead, uninsured drivers will get away with a much smaller fine than TV licence
dodgers. This is despite the fact that non-payment of a TV licence does not risk the thousands of
pounds worth of damage, and increased risk to life and limb, that is associated with uninsured
driving.
Do you have any comments on the proposed regulations for immobilisation, removal and
disposal of vehicles?
Brake urges the Government to ensure that any proposed regulations allow little or no opportunity
for dodging insurance. A certificate of insurance could easily be forged and an authorised clamper
may not have the experience to identify a genuine document, which could undermine the process.
It is important, therefore, to ensure that authorised clampers can obtain evidence directly from the
Motor Insurance Database or from the insurance company to avoid problems with forged
documents. In order to obtain accurate and up-to-date insurance information, the current sevenday margin granted to insurance companies to upload insurance details on the Motor Insurance
Database should be scrapped, with a requirement for companies to upload details as soon as the
policy comes into effect.
Do you have any views on what would be reasonable in dealing with persistent offenders?
Brake supports the proposal to take enforcement action sooner for persistent offenders. Brake
urges the Government to introduce tougher penalties, such as a community service order or a
prison sentence, for drivers who persistently fail to take out insurance.
Brake would like to see a cap on the number of times an offender can offend and therefore
suggests a ‘three strikes and you’re out’ approach. If a driver fails to take out appropriate insurance
despite three warnings, Brake suggests that immediate enforcement action should be taken, to
send a clear message out to drivers that persistent offending will be taken seriously.
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Daily Telegraph, 20 October 2008