The Road Traffic Act 1988

The Road Traffic Act 1988 (RTA) superseded that originally introduced in 1930.

As with many Acts of Parliament the RTA is extremely difficult to understand in it’s standard written format. Act’s are written in such a complex way that many Solicitors, Barristers and Judges often read into them in different ways and make comment and judgement on how they believe it can be read and used.

This is why you get many cases that contradict the common understanding of the law. These cases are then used as examples in future cases and become historic in their own right.

Part VI Section 143
This Section makes it unlawful for any person to:
Use a motor vehicle on a road, or To permit any other person to use a motor vehicle on a road without their being in force a policy of car insurance or security in respect of third party risks.

In other words, anybody who drives a motor vehicle on a road or lets anybody drive their vehicle must have at least third party only cover.

The part (b) above also makes reference to, ‘or security in respect of third party risks’. This is covered by: Part VI 144

Part VI Section 144
This provides for certain exemptions to s.143. In addition to a security, a deposit of Ј500,000 may be placed with the Accountant General of the Supreme Court. As you might imagine this alternative to compulsory Insurance is not popular or widely used.

Certain groups are exempt from compulsory requirements. These are County Council Authorities, Police Authorities, vehicles used for salvage purposes, vehicles used by the Army, Air Force, vehicles made available by the Secretary of State temporarily as ambulances etc.

It is unusual for HM forces and the Government to take out Insurance as the claims can be taken out of the Treasury money raised by income and other taxes. County Council and Police Authorities usually do arrange Insurance.

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