Continuous Insurance Enforcement (CIE)

by toolapcblack Tue Jul 04, 2023 4:36 pm

Hi All,
I have received a fixed penalty notice on a van I bought in March, the van was in the process of undergoing a day camper conversion and some welding to enable it to pass MOT. So it has not been used on the rode just parked on a driveway it is taxed but as it is currently in Northern Ireland (where there is a backlog of MOTs; I booked mine on May the 2nd the for appointment on July the 8th) I was not going to bother insuring it until the MOT.

Apparently it is now also an offence to keep a vehicle without appropriate motor insurance unless a Statutory Off Road Notification (SORN) has been made. WTF!
any way around this?
Cheers

by **daveiron** Tue Jul 04, 2023 5:54 pm

Did you receive an 'Insurance Advisory Letter' ?
Do they quote the legislation ( i cant find it)
Is it a case that you sent a sorn & they appear unable to find it ?

by toolapcblack Tue Jul 04, 2023 7:20 pm

No never received any insurance advisory. The letter is headed' Failure to insure'
it quotes section 22 of the road safety act 2006 amends the road traffic act 1988 by introducing a new offence of keeping a vehicle with no insurance(under section 144A) of the road traffic act 1988.
no never did SORN the vehicle.
I have noticed they have my name incorrect on the letter first name and middle no surname

by **daveiron** Tue Jul 04, 2023 8:14 pm

https://www.gov.uk/government/publications/vehicle-enforcement-policy/vehicle-enforcement-policy#how-continuous-insurance-enforcement-cie-offences-are-identified

7. Vehicle insurance

The law requires all UK motorists to have valid motor insurance. It is an offence to drive a vehicle or allow it to be driven without insurance. The minimum requirement is for the driver to hold third party insurance that covers their use of that vehicle. Read more information about uninsured drivers.

Continuous insurance enforcement (CIE) makes it an offence to be the registered keeper of an uninsured vehicle. DVLA is responsible for enforcement action against the registered keepers in England, Scotland and Wales who do not have a motor insurance policy in place. CIE does not currently apply to Northern Ireland.

Are you sure you did not send a sorn ?

by flyingfish Wed Jul 05, 2023 6:51 am

Is the van registered in NI or GB? Who exactly did the fixed penalty notice come from?

The legislation is contradictory, the SI applies to the UK ..
https://www.legislation.gov.uk/ukpga/2006/49/section/22?view=extent

But the consequent amendment to RTA 1988 does not apply to NI ..
https://www.legislation.gov.uk/ukpga/1988/52/section/144A?view=extent

That's why I'm wondering if the penalty notice came from DVLA in Swansea.

by flyingfish Wed Jul 05, 2023 7:15 am

OK found the NI legislation, note that the continuous insurance clause (91a on) is "Prospective" ..
https://www.legislation.gov.uk/nisi/1981/154/article/91A?view=extent#

by toolapcblack Wed Jul 05, 2023 10:58 am

Hi yes letter came from DVLA Swansea Vehicle is registered in GB not NI

by flyingfish Wed Jul 05, 2023 11:08 am

OK that makes sense. I'm afraid that probably means GB law applies, rather than NI. Although it might be worth a challenge.

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