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Carl Millar recently represented Mr J at Liverpool Magistrates Court in relation to an allegation of driving without a valid certificate of insurance.

The facts of the case became quite complicated. Mr J entered a not guilty plea as he was of the view that the trade policy in force covered him as an employee of the company that he worked for. However, there was some ambiguity as Mr J was the registered keeper of the vehicle and the vehicle was now owned by the company. Mr J was advised that there would be a defence to his case, in any event, by virtue of Section 143(3) of the Road Traffic Act 1988. Section 143(3) provides a special defence for employees using vehicles in the course of their employment in ignorance of the lack of cover. The burden of proof is on the defendant to show on the balance of probabilities that he thought that a valid certificate of insurance was in place.

In Mr J’s case, the insurance company did confirm that they would indemnify Mr J in the event of an accident and therefore the prosecution decided to discontinue the case against Mr J.