The Borrowed Car with Expired Papers
Your 19-year-old cousin has held a full Cyprus Category B licence for eight months. He borrows his father’s 2014 diesel hatchback for a weekend trip to Larnaca. The father’s insurance policy schedule says “Any driver aged 25 or over; named drivers as listed.” The cousin is not named. The car’s roadworthiness certificate expired three weeks ago, and the father says he has “a few days’ grace” because the test is booked. The car has a valid registration certificate and the father’s third-party insurance is paid. The cousin checks the tyre pressures and lights but does not read the policy. On the motorway, a police patrol signals him to stop at a checkpoint. He has his licence, but the insurance certificate in the car is last year’s and the roadworthiness certificate is in the glovebox. He is polite and sober. The car is registered to the father, who is not present.
1. Is the cousin insured to drive the car? Explain the consequences of the policy wording.
Read the worked answer
The policy covers “any driver aged 25 or over”. The cousin is 19 and is not a named driver, so he is not covered. Paying for third-party insurance does not create cover for an excluded driver. Driving without insurance is a criminal offence; the police may seize the car, and he faces a fine, penalty points and possible licence consequences. The fact that the father believed there was cover does not make the policy respond. The cousin should not continue driving once the lack of cover is confirmed. He should contact the father and arrange for a covered driver to collect the car, or use a recovery service.
2. What is the position with the expired roadworthiness certificate, and what documents should he produce at the checkpoint?
Read the worked answer
The expired roadworthiness certificate is not cured by a booked test; there is no general “few days’ grace”. The car should not be used on the road until it has a valid certificate, so the checkpoint stop may lead to further action. At the checkpoint he should be polite, identify the father as owner, and produce his driving licence, the car’s registration certificate and the insurance certificate. The old insurance certificate is not proof of current cover for him, and he should say honestly that he believed he was insured. He should not argue or drive away. The police may require the car to be recovered by a licensed driver with valid cover.
3. What should the father have done before lending the car?
Read the worked answer
The father should have checked that the cousin’s licence was valid and suitable, added him as a named driver if the insurer agreed, or confirmed in writing that the policy covered him. He should have checked the age restriction and any young-driver excess, and made sure the cousin understood the policy conditions. He should also have confirmed that the roadworthiness certificate was current and the car was legal before the trip. Handing over the keys without doing this created a risk of uninsured driving, police seizure and a possible claim being refused. A booking for a test is not a substitute for a valid certificate.