Spent conviction

[Dave W.]

Hello all.

I know has been discussed countless times but I'm there still seems to be some uncertainty around the issue, so any thoughts would be gratefully received.

When taking out car insurance, am I right in thinking that I do not have to declare a drink driving conviction after five years? I ask, because there's stuff here and elsewhere that suggests that this is not the case and that you must declare previous convictions, regardless of how long ago they occurred, in order to make the cover valid.

 

[BigTom]

Hello all.

I know has been discussed countless times but I'm there still seems to be some uncertainty around the issue, so any thoughts would be gratefully received.

When taking out car insurance, am I right in thinking that I do not have to declare a drink driving conviction after five years? I ask, because there's stuff here and elsewhere that suggests that this is not the case and that you must declare previous convictions, regardless of how long ago they occurred, in order to make the cover valid.

The Rehabilitation of Offenders Act (ROA) quite clearly lays down that you are required to declare drink driving convictions for 5 years after the conviction for both employment and insurance reasons. After the 5 years, the conviction is spent and therefore technically does not exist and you can declare no convictions. The only thing is that the endorsement remains on your licence for 11 years from conviction. Insurance companies do not have access to this, hire companies should not be able to see it either as when you hire a car you give them a check code to see a brief resume of your licence, but spent convictions do not appear on here after the five years. Only employers who require a more in depth DBS will be able to see the conviction - but they should ignore it regarding job offers etc...

By law, companies cannot ask about spent convictions (with a few exceptions regarding safeguarding etc.) so an insurer asking about spent convictions is liable for prosecution.

 

[Dave W.]

Ok, thanks. That's very clear and helpful.

I've seen stuff here and elsewhere that suggests that, despite a conviction for drink driving being spent, some insurance companies have not honoured subsequent claims. Presumably that's innaccurate?

 

[BigTom]

Ok, thanks. That's very clear and helpful.

I've seen stuff here and elsewhere that suggests that, despite a conviction for drink driving being spent, some insurance companies have not honoured subsequent claims. Presumably that's innaccurate?

There is no way an insurer would find out that there was a previous conviction, unless they were told by the claimant. Even so, as they are covered under the ROA, there is no requirement to disclose and the insurer is not able to withdraw cover because of a spent conviction.

 

[Dave W.]

There is no way an insurer would find out that there was a previous conviction, unless they were told by the claimant. Even so, as they are covered under the ROA, there is no requirement to disclose and the insurer is not able to withdraw cover because of a spent conviction.

Thanks very much - very helpful.

 

[MikeS]

On a slightly different note, do you have to declare that there is a medical restriction on the licence? I have been issued a one year licence, my original conviction was 18 years ago and long spent but when I applied for a lorry provisional licence at the beginning of the pandemic my licence was revoked by the dvla because I had been drinking (sensibly) and they said I must be teetotal to drive. After finally getting it back, I'm now wondering what thw knock on effects are and if I can do a driving job or not

 

[RSC]

Kind of on-topic but looking for reassurance. At the end of August, it will be five years since my conviction. Desperate to buy a car but thinking insurance will be much cheaper if I wait until then, especially as I lost all my NCB (ouch). No accident/collision/insurance claim involved. Also my partner wants to add me as a named driver on their insurance/s. In that case if I wait until Aug, all the insurer will ask is how long I've had my licence?

 

[Polly3]

On a slightly different note, do you have to declare that there is a medical restriction on the licence? I have been issued a one year licence, my original conviction was 18 years ago and long spent but when I applied for a lorry provisional licence at the beginning of the pandemic my licence was revoked by the dvla because I had been drinking (sensibly) and they said I must be teetotal to drive. After finally getting it back, I'm now wondering what thw knock on effects are and if I can do a driving job or not

I seem to think you may have to . I only say this as it is a question that is asked when taking insurance out , or covered in the small print ( in insurance I’ve had, at least ). However, others will probably know more .