A car that sits unused on a drive can still land its keeper with a fine if it has no insurance. That surprises many new drivers who buy a first car, pass the test later and leave the car parked in the meantime. GOV.UK explains two separate offences: being the registered keeper of an uninsured vehicle that has not been declared off the road, and driving without insurance. This article sets out what the GOV.UK pages say, and it is general information rather than legal advice. GOV.UK states that different rules for vehicle insurance apply in Northern Ireland, so the continuous insurance enforcement points below are for Great Britain.
Keeper offence: continuous insurance enforcement
GOV.UK says a vehicle must have motor insurance if it is used on roads and in public places, but that insurance is not needed if the vehicle is kept off the road and declared off the road with a Statutory Off Road Notification (SORN). This rule is called continuous insurance enforcement. The registered keeper of an uninsured vehicle that is not declared off the road could, according to GOV.UK, be fined £100, have the vehicle wheel-clamped, impounded or destroyed, or be taken to court where the maximum fine is £1,000. It adds that the keeper would still have to pay for insurance on top of any fines. GOV.UK also says a person can check whether a vehicle is insured on askMID.
The page notes exceptions for motor traders: a vehicle between registered keepers, or registered “in trade” with the Driver and Vehicle Licensing Agency (DVLA), is excluded from continuous insurance enforcement, but vehicles kept for a person’s own use are not excluded.
Driver offence: driving without insurance
This is a different offence with heavier penalties. GOV.UK says it is illegal to drive on a road or in a public place without at least third-party insurance, and that even where the vehicle itself is insured, a driver who is not correctly insured to drive it can be penalised. The police could give a fixed penalty of £300 and 6 penalty points. If the case goes to court, the driver could receive an unlimited fine and disqualification, and the police have the power to seize and, in some cases, destroy the vehicle. Annex 5 of the Highway Code lists driving without insurance with an unlimited fine, discretionary disqualification and 6 to 8 penalty points.
For a driver within two years of passing a first test, Annex 5 says accumulating 6 or more penalty points (including any earned before passing) automatically revokes the licence, even where the offences were paid by fixed penalty. One insurance fixed penalty of 6 points would therefore reach that threshold. The site’s explainer on the New Drivers Act gives more detail.
What third-party insurance covers
GOV.UK describes third-party insurance as the legal minimum. It covers the policyholder if there is an accident causing damage or injury to any other person, vehicle, animal or property, but does not cover other costs such as repairs to the driver’s own vehicle. A learner should look at the site’s guide to learner driver insurance, which covers short-term and named-driver policies, and to buying a first car.
How to declare a vehicle off the road
GOV.UK says keepers tell the DVLA they are taking a vehicle off the road, for example when keeping it in a garage. A keeper receives a refund for any full months of remaining tax and cannot use the vehicle on the road until it is taxed again. A SORN starts immediately if the tax has expired or if the application is not made in the month the tax is due to expire; if it is made in the month tax is due to expire, the SORN starts on the first day of the next month. Keepers can apply online if the vehicle is registered in their name, using the 11-digit number in the V5C log book or the 16-digit reference on the tax reminder, or by phone or post using form V890. GOV.UK says a SORN is not needed for a vehicle already sold, in which case the sale should be reported to the DVLA instead.
Common questions
Do I need insurance for a car I am not driving?
GOV.UK says insurance is not needed if the vehicle is kept off the road and declared as off the road with a SORN. Without a SORN, the keeper of an uninsured vehicle may face the continuous insurance enforcement penalties.
Is the £100 penalty the same as the driving-without-insurance penalty?
No. GOV.UK gives £100 for the keeper offence and a £300 fixed penalty with 6 penalty points for driving without insurance.
The bottom line
According to GOV.UK, an uninsured car that is not declared off the road exposes its registered keeper to a £100 fine and possible clamping or impounding, while driving uninsured brings a £300 fixed penalty and 6 points, which is enough to trigger licence revocation for a driver within two years of passing. A SORN is the route for a car that will not be used on the road. The continuous insurance enforcement rules described are for Great Britain; Northern Ireland has different rules.
Sources
- GOV.UK, “Vehicle insurance: Uninsured vehicles”
- GOV.UK, “Vehicle insurance: Driving without insurance”
- GOV.UK, “Register your vehicle as off the road (SORN)”
- GOV.UK, “The Highway Code: Annex 5. Penalties”