Allowed Friend to drive my car; while he was not insured

Hi,

Yesterday one of my friend was driving my car; while he was not insured (He is a international driving license holder).

Police stopped us (I was present during the incedent). They wanted to give a fixed penalty of £200 and 6 points to him. As he had international driving license, they couldn't give the penalty points and informed they will refer this case to Court.

However, they did not take any action against me, though I allowed my firend to drive my car.


But when they will take him to the court, will any kind action be taken against me as well?


Now I am in Tier1 (General). Will it affect my Tier1 extension, ILR and British Citizenship in future?

I would be really grateful if anybody could give me some advice on this matter.

Kind Regards,
David

the court might consider that as if you are driving the vehicle but without insurance even though you have...as per s143 1(b) of the Road Traffic Act of 1988.

david1982 wrote:Hi,

Yesterday one of my friend was driving my car; while he was not insured (He is a international driving license holder).

Police stopped us (I was present during the incedent). They wanted to give a fixed penalty of £200 and 6 points to him. As he had international driving license, they couldn't give the penalty points and informed they will refer this case to Court.

However, they did not take any action against me, though I allowed my firend to drive my car.


But when they will take him to the court, will any kind action be taken against me as well?


Now I am in Tier1 (General). Will it affect my Tier1 extension, ILR and British Citizenship in future?

I would be really grateful if anybody could give me some advice on this matter.

Kind Regards,
David

Accessory after the fact?

If it can be proved that you knew he was not insured and you let him drive your car then you have committed an offence.
This may have an detrimental effect on your route to citizenship.

You need to be very circumspect if you are under immigration control

Wanderer wrote:Accessory after the fact?

Hi Wanderer,

Could you please explain this.

Kind Regards,
David

david1982 wrote:

Wanderer wrote:Accessory after the fact?

Hi Wanderer,

Could you please explain this.

Kind Regards,
David

It pretty much means what mochyn has just explained! Depends whether you knew or you didn't (about your mate's 'non insurance')!

mochyn wrote:You need to be very circumspect if you are under immigration control

But what if he's not Jewish?

Wanderer wrote:

mochyn wrote:You need to be very circumspect if you are under immigration control

But what if he's not Jewish?

Wanderer wrote:

mochyn wrote:You need to be very circumspect if you are under immigration control

But what if he's not Jewish?

Ah, so it's all about a missing accessory...

mochyn wrote:If it can be proved that you knew he was not insured and you let him drive your car then you have committed an offence.
This may have an detrimental effect on your route to citizenship.

You need to be very circumspect if you are under immigration control

Dear Mochyn,

I understand that it could have affect on my route to citizenship.

I will apply for ILR in 2012. Will it affect my ILR application as well?

Somebody told me after 5 years the criminal record will be deleted. So it won't be an issue for citizenship if I apply 5 years later.

Please give me some suggestions.

Kind Regards,
David

86ti wrote:

Wanderer wrote:

mochyn wrote:You need to be very circumspect if you are under immigration control

But what if he's not Jewish?

Ah, so it's all about a missing accessory...

I understand that it could have affect on my route to citizenship.

I will apply for ILR in 2012. Will it affect my ILR application as well?

Somebody told me after 5 years the criminal record will be deleted. So it won't be an issue for citizenship if I apply 5 years later.

Please give me some suggestions.

Kind Regards,
David

If you weren't cautioned at the time, or arrested, the police aren't going to take any action against you.

Forget about it.

Mr Rusty wrote:If you weren't cautioned at the time, or arrested, the police aren't going to take any action against you.

Forget about it.

Many thanks for your reply.

Today I read the following information at homeoffice's website,

"What’s a fixed penalty notice (FPN)?
If you’ve committed a minor traffic offence, like not wearing a seatbelt or driving with a broken headlight, the police may issue you with a one-off fine called a fixed penalty notice.

Non-endorsable offences - meaning those which don’t result in points on your licence - usually incur a fine of £30.

Fines for endorsable offences like speeding are usually £60, although there may be some exceptions. More serious offences such as driving without insurance can incur fines of up to £200.

Police do not have the power to make you pay fines on the spot.

If you feel a penalty notice is unjust, you can choose not to pay the fine and argue your case in court. If you do pay the fine, you won’t be prosecuted and no record of your offence will be kept.

Recipients have 28 days to pay the fixed penalty or request a hearing otherwise the fine will increase by 50%. You’ll be reported for prosecution if you fail to pay a fixed penalty for an offence detected by an automatic camera within 28 days."

Source: http://www.homeoffice.gov.uk/police/pow ... index.html

From the above information, I think my friend will get a penalty notice first. If he pays the fine; he won't be prosecuted and no record of his offense will be kept; means no criminal record.
Could you please advise me if my understanding is right.

Kind Regards,
David

International driver license holder are sometimes covered by insurance in their home country. So he doesn't need to have insurance here. Most of the time no penalties are given to international license holder, unless been here one year which they will be banned until they acquired a new British license. So no penalties for you.

Wanderer wrote:

mochyn wrote:You need to be very circumspect if you are under immigration control

But what if he's not Jewish?

parvus1202 wrote:International driver license holder are sometimes covered by insurance in their home country. So he doesn't need to have insurance here. Most of the time no penalties are given to international license holder, unless been here one year which they will be banned until they acquired a new British license. So no penalties for you.

????

gainvidya wrote:

parvus1202 wrote:International driver license holder are sometimes covered by insurance in their home country. So he doesn't need to have insurance here. Most of the time no penalties are given to international license holder, unless been here one year which they will be banned until they acquired a new British license. So no penalties for you.

????

What I was saying is that, when I go abroad I need international driver license and I will insure myself as a driver in any country. Some don't insure themselves, but UK police does not know that. When an international driver is pulled over and show the license, they will ask for a passport so they will know how long the the person is in the UK, if more than one year, validity of using international license is one year, they will ban the the person, if less than a year mostly they will let him go without a charge. I have friends who drive using international license, some were banned already.

david1982 wrote:

Mr Rusty wrote:If you weren't cautioned at the time, or arrested, the police aren't going to take any action against you.

Forget about it.

Many thanks for your reply.

Today I read the following information at homeoffice's website,



From the above information, I think my friend will get a penalty notice first. If he pays the fine; he won't be prosecuted and no record of his offense will be kept; means no criminal record.
Could you please advise me if my understanding is right.

Kind Regards,
David

No it isn't, and you are now contradicting the summary you gave in your original post, i.e. "they couldn't give the penalty points and informed they will refer his case to court." That is correct, because your friend is using a licence which can't be endorsed with penalty points. Therefore, if the police and CPS decide that there is sufficient evidence of an offence he is likely to be summoned to court, and if convicted, will have a criminal record.
None of that has any bearing on you, as I explained to you before. So the incident will have no bearing on any future application by you for LTR.

Incidentally, if your friend does acquire a court conviction and fails to mention it on any future application for a visa or LTR, he will be refused and banned from entering the UK for 10 years.