What are the elements of driving without insurance cover that need to be proved to secure a conviction?

The Road Traffic Act 1988, S143 defines driving without insurance as follows: "It is an offence to use (or permit to be used) a motor vehicle on a road or public place when there is not in force in relation to the use of the vehicle such a policy of insurance is respect of third party risks as complies with the Road Traffic Act".  This definition was drafted to be wide and therefore encompass both the owner of the car and the driver/temporary driver.  It also encompases people who do not drive the vehicle, because the word "use" can include parked or stationary vehicles or those left for repair on a road or public place.

Having no motor vehicle insurance is an absolute offence, which means that you cannot defend the offence on the basis that you had no knowledge as to the lack of insurance.  To prove the offence, the prosecution have to show "use", which would include parked cars on a road/public place. It is not limited to actual driving.

When an employee drives a company car the employer may be prosecuted if the vehicle being driven by the employee does not have a valid certificate of insurance. In that situation, either the employee and/or the employer is regarded as using it within the definition of no insurance. This includes having control, management or operation of the vehicle.  If you lend your car to another person who does not have insurance, you may also find yourself prosecuted under S143, driving without insurance. However there may be arguments that the vehicle owner is not guilty, of having no insurance because he/she no longer had control and was not "using" within the definition. It is always best to ensure that the other person has insurance to avoid being caught under this section.  The absolute nature of the offence does not apply to employees driving employers' cars, and there may be a defence for the employee who thought he was insured by the employer.

Once the prosecution have established the basic elements of "no insurance" it is then up to the defendant to establish that he was driving with insurance.

Special reasons can be put forward after conviction, to try to persuade a court not to impose penalty points or a driving ban if the circumstances amount to such special reasons. This has been clarified by case law.