On Mon, 22 Feb 2016 10:36:11 -0000, "Nogood Boyo" <
use...@bwllfa.co.uk> put
finger to keyboard and typed:
>
>news:3uqSBC3Q...@perry.co.uk...
>> In message <
dj03t4...@mid.individual.net>, at 09:49:29 on Mon, 22 Feb
>> 2016, Nogood Boyo <
use...@bwllfa.co.uk> remarked:
>>
>>>>>Are there any insurance implications?
>>>>
>>>> Yes. Your insurance will be void. So not only will the insurer not pay
>>>> out
>>>> in the event of a claim, you may be liable for prosecution for not
>>>> having
>>>> valid insurance.
>>>>
>>>Thanks, those are the things I was worried about but I can't find anything
>>>to that effect on
GOV.UK or elsewhere. Can you please point to something
>>>official / authoritative?
>>
>> Your insurance policy will include the bit about needing a valid licence,
>> and for a UK licence to be valid it must have your residential address
>> (overseas ones not allowed).
>
>Yes, I follow the logic but it's funny that
GOV.UK doesn't say that. The
That's because the requirement for it to be your current residential
address isn't in legislation. It's a DVLA rule, and one which DVLA is
entitled to make as it is an executive agency with authority to make such
rules.
The actual offence, in law, is failing to notify DVLA of any change to your
address. That's in the Road Traffic Act 1988, section 99.(4) and 99.(5):
(4) Where the name or address of the licence holder as specified in a
licence ceases to be correct, its holder must forthwith surrender the
licence and its counterpart to the Secretary of State
(5) A person who without reasonable cause fails to comply with the
duty under subsection (2A),(3) or(4) above is guilty of an
offence.
The Act goes on to state that if a licence is surrendered for this reason,
a new licence must be issued to replace it. In practice, the DVLA accepts
the destruction of a previous licence as equivalent to surrendering,
provided it has been notified of the need to issue a new one. The law is
somewhat circuitously worded, but it acheives the desired effect!
>So the real issue is whether, as I originally asked, there is any reason why
>the UK licence shouldn't be retained with the UK address of, eg, a parent or
>a property owned in the UK but being let during the overseas residence.
>Apart from replies her, I canm't find anything that says that a licence
>becomes invalid if it doesn't bear a current residential address.
>
>(In case you're wondering why I'm making an issue of it, I have to convince
>someone in this situation that they need to act and at the moment they are
>completely satisfied that they don't. It's delicate...)
The DVLA's argument is that "address", in the context of the legislation,
means "where you live". That interpretation has been upheld enough times in
court that the prospects of a suiccessful challenge to it are minimal.
Mark
--
Insert random witticism here
http://www.markgoodge.com