Torque Cars

Can a car be towed without insurance

Discussion in 'Insurance and Legal' started by thexav, 8 October 2015.

  1. thexav

    thexav Pro Tuner Staff Member

    Messages:
    2,044
    Car:
    2002 Clio 172
    Does anyone know if a car can be towed without being insured?

    Will the insurance on the car pulling it also cover the liability of the car being towed?
     
  2. obi_waynne

    obi_waynne Administrator Staff Member Moderator

    Messages:
    41,331
    From:
    Deal, Kent UK
    Car:
    A3 1.4 TFSI 150 COD
    This is subject to change as the RTA is updated and amended.

    Section 185 Road Traffic Act 1988 defines:
    motor car, as motor vehicle - mechanically propelled vehicle.

    Section 143 Road Traffic Act 1988 requires
    Users of motor vehicles to be insured or secured against third-party risks.
    In the case of Milstead v Sexton [1964] it was held that a motor vehicle whilst being towed requires an mot your vehicle and must be covered by Insurance.

    Vehicle Excise and Registration Act 1994
    Section 29 makes it an offence to use/keep a mechanically [propelled vehicle on a road.
    But: under Schedule 2 (22) a motor vehicle proceedings to and return from a pre-arranged MOT is exempt from excise duty.

    The car will also need an MOT & road tax unless it is going to a prebooked MOT test. Putting the car on a trailer negates these issues.
     
  3. obi_waynne

    obi_waynne Administrator Staff Member Moderator

    Messages:
    41,331
    From:
    Deal, Kent UK
    Car:
    A3 1.4 TFSI 150 COD
    This is a weak argument but you might be able to argue that the vehicle is a trailer as it is over 750kgs and has no independent braking system. But I think you'll find you need a braking system when you go over this weight and I'm not sure if a guy sitting in the car pressing the brake pedal counts. Your licences will also need to reflect permission to tow a heavy trailer (B&E I think).

    Interestingly - The terms Vehicle and Motor Vehicle have different legal definitions.
     
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