In an action for damages against an uninsured driver, the court determined preliminary issues as to the Motor Insurers’ Bureau’s liability arising from the fact that the accident occurred on private land; whether the Road Traffic Act 1988 s.145(3) could be read down so as to extend the compulsory insurance obligation in Directive 2009/103 art.3 to private land; the direct effect of art.3; and the MIB’s status as an emanation of the state.
Under the Road Traffic Act 1988 s.145, drivers were required to hold valid insurance covering “the use of the vehicle” on a road or public place. Where the driver’s insurance covered the use of cars in addition to the driver’s own vehicle, the phrase “the vehicle” could not be read as meaning only the driver’s own car. Accordingly, when the driver used a friend’s car with their permission, and was covered under his own policy to do so, that car became “the vehicle” for the purposes of s.145 and the policy.
Evidence given to a court by a police officer of breath tests and their results was sufficient to prove that a person was over the limit, in accordance with the Road Traffic Act 1988 s.16 and a print-out of the results was not required.
The court considered the factors to be taken into account when making a criminal behaviour order under the Anti-social Behaviour, Crime and Policing Act 2014 s.22.
The High Court granted a local authority an injunction to restrain illegal street cruising in its local area.