Celebrity lawyer Mr Loophole outlines his 10-point coronavirus road traffic charter

1. Driving during the lockdown could invalidate insurance

Car journeys are currently limited to essential travel. ‘So if you have an accident and can`t prove your journey was essential, your insurance may be void,’ says Nick.

2.  MOT exemption means you’re responsible for you car’s safety – and should tell your insurer if a test has been delayed by 6 months

MOT tests due from 30 March 2020 have been extended by six month, 

However, just because the government has given motorists a six month sabbatical on their MOT, a driver is still liable if they have an accident caused by the defective state of their car. 

‘The MOT sabbatical isn’t a get-out clause for tyres with no tread, defective brakes or faulty suspension etc,’ Nick explains. 

‘It is the responsibility of the motorist to ensure their vehicle roadworthy. Otherwise you could face anything from penalty points and a fine to prison depending on the allegation.’

If your car hasn’t had an MOT because of the six month test exemption you must notify your insurance company – it could affect your premium. And you may find your policy voided. Remember you must still tax your car.

3. Be aware that cyclists will be further in the road to social distance 

Cyclists are obligated to social distance from each other and other pedestrians. So if they overtake they may make an exaggerated manoeuvre. 

Nick says: ‘The motorist needs to anticipate this and exercise even more caution. 

‘Motorists need to be aware cyclists will take up more road space, because the roads are emptier and they are trying to comply with social distancing.’ 

 4. Speed cameras can still catch you

Speed cameras are still operational even if there’s a paucity of drivers on the road. 

‘What’s more, so many open roads seem to offer an invitation to speed. Ensure you stick to the limit,’ Nick advises. 

 5. Be aware of the speed limit as the likelihood of a speed awareness course instead of points is unlikely

With most speed awareness courses suspended you are more likely to get points and a fine if you are flashed for speeding. 

‘These courses have always been discretionary. But for the moment that option may have been removed, points and a fine will be the default position.’

6. Road laws continue to apply 

Nick says: ‘All road traffic laws are still intact. So even if ther’s no one around – should your phone ring or you want to make a call, either do it on hands free or pull in, switch the engine off and take the keys out of the ignition before doing so. Otherwise you risk at least six points and a fine.’ 

7. Motorists need to be more aware of pedestrians than ever before 

Take extra precautions with pedestrians. ‘Since we are advised to stay two metres apart, there’s scope for people to suddenly step into the road to avoid others on the pavements,’ says Nick.

‘The duty of care principally lies with the motorist who could well be liable if there is an accident – so stay alive to the unpredictability of pedestrians.’ 

 8. If you have coronavirus symptoms, definitely don’t drive as it can affect your ability at the wheel

Anyone with coronavirus symptoms must stay at home for seven days. If you are self-medicating for such symptoms and get in your car not only are you ignoring guidelines. 

‘But be aware this could adversely impact on your driving – netting you either a charge of driving whilst under the influence of drugs or another charge based on the consequences of the driving.’

9. Going out for a drive on your own doesn’t cut it as self-isolation and can be punished

Don`t regard going for a drive as a form of self-isolation, even if you are the only one in the car.

Nick explains from a legal perspective: ‘If you have symptoms or have been in contact with someone who has then the advice is to stay at home. Doing otherwise could net you a potential financial penalty.’

And if you drive when you`re supposed to be self-isolating your driving licence has in effect been suspended so you shouldn’t be using your car. So your insurance could be void.’

10. Small print on warranties is important if you can’t get your car serviced right now

Read any small print relating to your car’s warranty or service obligations as you may need to do this by a certain date 

‘It could affect your warranty. If the garage is closed, check with the manufacturer that it won`t invalidate your warranty,’ Nick details.