Driving without insurance
The offence of using a motor vehicle without insurance under s.143 Road Traffic Act 1988 — the statutory element reproduced verbatim, mode of trial and maximum sentence, and the relevant stop, production and arrest powers, for frontline officers.
Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).
Reviewed by BlueLineHub Editorial
What are the points to prove for driving without insurance under s.143 Road Traffic Act 1988?
Driving without insurance (s.143 Road Traffic Act 1988) is using a motor vehicle on a road or other public place without a policy of insurance complying with the Act in force — or causing or permitting another person to use a vehicle without one.
It is a summary-only offence with an unlimited fine (Road Traffic Offenders Act 1988, Schedule 2) — there is no power of imprisonment. It carries discretionary disqualification and 6-8 penalty points where the driver is not disqualified.
Section 143 Road Traffic Act 1988 makes it an offence to use a motor vehicle on a road or other public place without a policy of insurance that complies with the Act — or to cause or permit another person to do so — reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.
Offence
s.143 Road Traffic Act 1988
Mode of trial
Summary only.
Maximum sentence
An unlimited fine (Road Traffic Offenders Act 1988, Sch 2) — no power of imprisonment. Discretionary disqualification, with 6–8 penalty points.
Points to prove — statutory elements
Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.
(1) Subject to the provisions of this Part of this Act—
(a) a person must not use a motor vehicle on a road or other public place 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) a person must not cause or permit any other person to use a motor vehicle on a road or other public place 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) that 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.
Powers of arrest & search
A constable may require a driver to give their name and address and produce their certificate of insurance (RTA 1988 s.165). If it cannot be produced at the roadside, the driver has a statutory 7-day window to produce it at a police station.
A constable in uniform may stop a vehicle being driven on a road (RTA 1988 s.163) — the usual route into checking insurance at the roadside. Note s.163 is limited to a road; it does not extend to other public places, even though the s.143 insurance offence itself does.
There is no bespoke arrest power for this offence. Arrest — rarely needed for a fine-only, summary offence — is under PACE 1984 s.24, and is only lawful where it is necessary on one of the s.24(5) grounds. A vehicle-seizure power also exists (RTA 1988 s.165A, for continued unlawful use after a warning) but is not covered by this card.
Code of Practice: PACE Code G — arrest →CPS charging guidance
Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.
Under section 143(1)(a) RTA 1988 "a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person... a policy of insurance...". Under section 145 RTA 1988 the policy must be issued by an authorised insurer and must insure for death or bodily injury to any person, or damage to property, caused by, or arising out of, the use of a vehicle on a road in Great Britain, i.e. third party insurance.
A statutory defence is provided by section 143(3) RTA in relation to a driver who unwittingly drives their employer's uninsured vehicle.
Offences of causing or permitting the uninsured use of a vehicle should be regarded as being as serious as using a motor vehicle without insurance.
Where a driver has obtained a policy of insurance by deception, the policy will be valid so far as liability under section 143 RTA 1988 is concerned until the insurers have taken steps to "avoid" it.
Under section 148 RTA 1988 Insurance companies cannot validly restrict an insurance policy by reference to any of the matters listed in section 148(2) RTA 1988. Where an insurance policy purports to impose a restriction based on any of the matters listed in section 148(2) RTA 1988, that restriction is of no effect and the policy should be read as if the words containing the restriction had been struck out. As a result, if an insurance policy contains a restriction (for example) that the driver must be aged over 21, that restriction may be void and a person aged under 21 who would otherwise have been covered to drive the vehicle may not be guilty of driving without insurance.
Each case must be considered on its own facts to determine whether or not section 148 RTA 1988 applies. Further guidance can be found in Wilkinson’s Road Traffic Offences. Prosecutors who are dealing with a prosecution for no insurance where the case is based on the driver not meeting some condition of the insurance must be vigilant to check that the exclusion relied upon to make out the offence is not one of those avoided by section 148(2) RTA 1988.
The offence is equally serious, whether "use" or "causing or permitting" is involved. There is a clear public interest in prosecuting offenders. Uninsured drivers pose a substantial risk to other road users.
An allegation of driving without insurance should never be withdrawn as a matter of convenience when pleas of guilty are tendered in respect of other offences.
- s.143(3) provides a narrow statutory defence for an employee using their employer's vehicle in the course of employment who neither knew nor had reason to believe it was uninsured (the full conditions are in the verbatim text above). It is a defence to prove at court, not a reason to decline the stop or check.
- Causing or permitting is a separate limb of the same offence (s.143(1)(b)) — an owner who allows an uninsured driver to use their vehicle can be liable even though they were not driving.
Related reading
Primary sources
BlueLineHub is independent and unofficial. Always verify with the authoritative source below.
- Verify on official source
Road Traffic Act 1988, section 143 — users of motor vehicles to be insured
The offence of using a motor vehicle without insurance, or causing or permitting another to do so, and the s.143(3) employee defence.
Last checked: August 2026 - Verify on official source
Road Traffic Offenders Act 1988, Schedule 2 — prosecution and punishment of offences
Sets the mode of trial (summary), the fine, discretionary disqualification and 6-8 penalty points for a s.143 offence — s.143 itself states no penalty. The fine is shown as level 5 in Sch 2 but is uncapped to an unlimited fine by LASPO 2012 s.85 (offences on or after 12 March 2015).
Last checked: August 2026 - Verify on official source
Road Traffic Act 1988, section 165 — power of constables to obtain names and addresses and require production of evidence of insurance
The power to require a driver's name and address and production of a certificate of insurance, with a 7-day production window.
Last checked: August 2026 - Verify on official source
Road Traffic Act 1988, section 163 — power of police to stop vehicles
The power for a constable in uniform to stop a vehicle being driven on a road (s.163 is limited to a road; it does not extend to other public places).
Last checked: August 2026 - Verify on official source
Police and Criminal Evidence Act 1984, section 24 — arrest without warrant: constables
The power of arrest without warrant, subject to the necessity criteria in s.24(5) — there is no bespoke arrest power for this offence.
Last checked: August 2026 - Verify on official source
CPS charging guidance — Road Traffic: Summary Offences (Open Government Licence v3.0)
CPS charging guidance on road-traffic summary offences — the verbatim extracts shown on this card.
Last checked: October 2026
Frequently asked
- Can you go to prison for driving without insurance?
- No — driving without insurance (s.143 Road Traffic Act 1988) is summary only and carries an unlimited fine under Schedule 2 to the Road Traffic Offenders Act 1988, with no power of imprisonment. It does carry discretionary disqualification, and 6-8 penalty points where the court does not disqualify.
- Is there a defence to driving without insurance?
- s.143(3) Road Traffic Act 1988 sets out a statutory defence for an employee who was using someone else's vehicle in the course of their employment and neither knew nor had reason to believe it was uninsured — it is a matter for the driver to prove at court, and does not itself prevent a stop or a check at the roadside.
- What can a constable require at the roadside for an insurance check?
- Under RTA 1988 s.165, a constable may require the driver's name and address and require production of the certificate of insurance. Where it cannot be produced there and then, the driver has a statutory 7-day window to produce it at a police station.