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little village in wales no point putting it here no-one would have heard of it
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Driving Convictions Declaration - how long?
Any ideas
OH got stopped with defective tyre in 2005.
Date of offence 10/2002. 3 points on license £60 bucks fine.
How long does this have to be declared to insurence?
Is it five years from offence or conviction?
I ask because when he received the court forms he ticked the box that said "you do not have to appear in court - tick here if you wish it to be dealt with in your absence"
Then unbelievably he received a letter saying you have to attend court?
So he went along - had slap on wirst (no explanation as to why this had to go to court - no previous convictions etc, not part of any accident, it was just an unlucky routine stop?)
Anyway with all this tooing and froing he wasnt convicted until 08/03 almost a year later.
Surely though if it was five years from the conviction he would have been declarring this in total for 6 years come next year? Any ideas - legally it is only on his license from 3 years as well?
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From date of conviction for insurance declarations. He didn't have to declare it until the summons arrived - at that time, the matter is a pending conviction - prior to this it is merely a police investigation.
The points remain on the licence for 4 years from date of offence and are valid for totting up calculations for 3 years from date of offence.
Drink or drugs/driving remains on the licence for 11 years, as does death by careless driving whilst under the influence of drink or drugs (or failing to provide a specimen). These are from date of conviction.
Reckless/dangerous driving; offences resulting in disqualification (but not totting up) remain on the licence for 4 years from date of conviction.
For all other offences, penalty points remain on the licence for 4 years from date of offence.
This last is what I quoted because of the offence mentioned by the OP.
Date of offence 10/2002. 3 points on license £60 bucks fine.
How long does this have to be declared to insurence?
Is it five years from offence or conviction?
Its 5 years from the date of the offense. All insurers will ask you "have you had any motoring offenses in the last 5 years" or words to that effect. (depends on the company) They will then ask you for the offense code and the date of the offense. the date of the conviction is irrelevant.
Mine, my wife's and my son's (different companies) all ask for convictions - not offences.
Otherwise you would have to confess to things you hadn't been caught for if you were totally honest on the form.
"Well I have never had a motoring convictions, but I was doing 35 mph down the High Street last Saturday and about 18 months ago, I didn't wear my seatbelt when I nipped down to the gardan centre"
The exact wording we use is " have you had any fixed penalty notices, license endorsements, disqualifications or motoring offenses in the last 5 years?"
I hope not. There are glaring errors in that question.
Fixed penalties for parking are not recordable and I can't see any need for parking tickets to be known to an insurance company. If you did, then should you not also ask about PCNs from decriminalised parking? Also, what about fixed penalty notices for non-driving offences? (eg. litter)
In UK, it is a licence that is endorsed and niether endorsements nor disqualifications can arise without the commission of motoring offences. So the question is grammatically incorrect.
Your question also potentially breaches the Rehabilitation of Offenders Act. A licence endorsement remains on a licence for 4 years (for most offences). from date of offence The way your question is worded, a customer would still have to answer yes, up to 9 years after the offence - as the endorsement is on the licence for 4 years, and your question ask for the previous 5 years.
To illustrate. It is now Feb 2007. Five years back is Feb 2002. If I committed a speeding offence in March 1998, the endorsement stays on my licence until March 2002. So f I apply to you today for insurance, I would have to answer the question "have you had...licence endorsements....in the last 5 years as a 'yes'. Whereas, in fact, you are not entitled to know as the conviction was 'spent' after 5 years (ie around March 2003)
I have a speeding fine and im sure it stays on my license from point of conviction? Is this not right?
As with Alyxia it took ages to go to court 13 months!, i could not work ( as a driver) in that time as i was awaiting court so didnt see the point in gaining employment to only loose it again.
I would like to go back to work after the points are removed and was thinking about contacting the courts so im pleased someone started thsi thread.
I think its more that our underwriters would rather you disclose the information to us upfront and let us make the decision as to whether its relevant or not. Point taken about fixed penalty notices, although in this context it refers to a fix penalty issued by a police officer (i.e an SP30 with 3 points and a £60 fine) rather than a parking fine. Just by the by, our scripts are getting revised as of end of feb to "have you had and motoring convictions or bans in the past 5 years" so obviously the powers that be have seen the light regarding the confusion of current question.
Ok so I am going to offer some advice on this. I agree with Darkangelsdelite it is 5yrs from the date of the offence. Depending on what software the broker uses they may have to also input a conviction date as well as the offence date. However the offence date is what counts.
From an underwriting point of view minor convictions such as sp30(speeding), TS10 (going through redlight) will not have any effect or rating on the premium once they are over 3yrs old anyway.
The broker I work for ask something along these lines " In the last 5 years have you had any motoring convictions penalty points or been disqualified from driving"
Finally Patdavies you mention spent convictions under the rehabilitation act, this as far as I am aware but someone can correct me if i am wrong (please do) relates to non motoring convictions ie criminal convictions so I don't think that it is relevant to your motoring convictions such as speeding etc. It may however me more relevant to offences such as Taking a vehicle without the owners consent. UT50 I think the code is as this is a criminal conviction.
Finally Patdavies you mention spent convictions under the rehabilitation act, this as far as I am aware but someone can correct me if i am wrong (please do) relates to non motoring convictions ie criminal convictions so I don't think that it is relevant to your motoring convictions such as speeding etc. It may however me more relevant to offences such as Taking a vehicle without the owners consent. UT50 I think the code is as this is a criminal conviction.
Speeding convictions and other similar motoring convictions may be non-recordable, but they are still criminal convictions. The Rehabilitation of Offenders Act does apply. Prior to the implementation of the Act, insurer's used to ask (lawfully) if you had ever had any convictions. Once the Act came in, this question became limited to 5 years
Point taken about fixed penalty notices, although in this context it refers to a fix penalty issued by a police officer (i.e an SP30 with 3 points and a £60 fine) rather than a parking fine.
My last parking ticket was an FPN issued by a police officer...
The question does not make the context clear - that was part of my point. I am pleased that it is being revamped.
little village in wales no point putting it here no-one would have heard of it
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Re: Driving Convictions Declaration - how long?
thanks everybody
to clarify.
quote was submitted on the Confused website and the exact wording is this:
number of motoring offences in the last 5 years?
Hope that helps?
Allyxia
KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH
The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains
HSBC £1200 - Settled in Full Cap 1 2 X £100 - Settled in Full Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order NatWest £2215.60- Settled in Full and Removed Default Natice Woolwich £3690 - Settled in Full
quote was submitted on the Confused website and the exact wording is this:
number of motoring offences in the last 5 years?
Hope that helps?
Until Conviction the offences are only "alleged" offences and are not disclosable to insurers.
"Fixed Penalty" and "Fixed Penalty Notice" are different as as been stated above.
Fixed Penalty for x/s speed issued by a Police Officer has to be signed for as accepted and is a Pending Conviction until you get your endorsed licence back, these are disclosable as Pending.
PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS
I have a speeding fine and im sure it stays on my license from point of conviction? Is this not right?
No, the points remain on your licence for 4 years from date of offence.
The reason for this, is that if you were in line for a 'totting up' disqualification and points were from date of conviction, you could delay the latest court appearance and therefore conviction until a set of points had expired, so you could no longer be 'totted up' and disqualified.
Until Conviction the offences are only "alleged" offences and are not disclosable to insurers.
"Fixed Penalty" and "Fixed Penalty Notice" are different as as been stated above.
Fixed Penalty for x/s speed issued by a Police Officer has to be signed for as accepted and is a Pending Conviction until you get your endorsed licence back, these are disclosable as Pending.
It is also worth noting that where a fixed penalty is not used, the alleged offence does not become a declareable pending prosecution until a summons is issued. Up to that point it is simply a police investigation.
It is also worth noting that where a fixed penalty is not used, the alleged offence does not become a declareable pending prosecution until a summons is issued. Up to that point it is simply a police investigation.
This could also be a grey area depending on the wording of the question. ie. Have you any Pending Prosecutions? (Receipt of a Summons) as against Have you any Pending Convictions?. (Having admitted or been found Guilty but not yet sentenced)
Convictions only become Pending when a Guilty Plea is entered usually by post or acceptance of the Conditional Offer of a Fixed Penalty.
PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS
Speeding convictions and other similar motoring convictions may be non-recordable, but they are still criminal convictions.
A speeding offence is not regarded as a criminal conviction.
Regarding the issue of how long certain convictions remain on your licence - all of this information is clearly listed on pages 14-16 of the D100 booklet issued by the DVLA and available in most large post offices. As a broker i consider this an essential tool in my work and would suggest any other broker have one in their office.
Driving Convictions Declaration - how long?
come next year? Any ideas - legally it is only on his license from 3 years as well?
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Originally Posted by Allyxia
