Person A has a car that is unregistered and uninsured, and lends it to person B.
Person B gets stopped for a traffic infraction.
Who gets the ticket? Seems to me person B could claim ignorance (at least on the insurance; tags are visible.)
Well, person B would get the ticket for whatever the infraction is. I don’t think insurance would come up unless property damage or injury was involved. Even so, not all states require insurance.
I should mention, I’m in Michigan and insurance is required and you can get a ticket and points for violating it… I know B would get the ticket for the traffic infraction, but whjat I’m wondering is, who would get the ticket for the other?
I would’ve thought person A might be culpable somehow, for knowingly allowing their unregistered, uninsured car to be driven.
I assume this varies between states in the US.
In the UK, both A and B would be guilty of both offences - B for driving without insurance (Road Traffic Act 1988 Section 143 (1) (a)) - it’s the driver’s responsibility to check that they’re insured for the vehicle - and A for allowing the car to be used without insurance (Section 143 (1) (b)). Similarly, B would be guilty of using it without a valid tax disc (the equivalent of registration), and A would be guilty of allowing it to be on the road without a tax disc - Vehicle Excise and Registration Act 1994 Section 33.
Whether both A and B would be prosecuted for both offences is really up to the police. Considering it’s going to be very easy indeed for the prosecution to suceed, then I should imagine they both would be.
There is an exception on the insurance point - B wouldn’t be liable if A was his or her employer, and B was using the car for business purposes.
In Wisconsin we don’t have mandatory insurance (except for certain drivers like those who have been convicted of DWI) so that wouldn’t be an issue.
The non-registration violation could be issued to either the driver or the owner. I usually issue to the driver, but not always.
I’ve pulled people over who were driving other peoples cars that had expired tags, and issued the ticket to the owner. You can either give the ticket to the driver and say “make sure so & so gets this” (sounds stupid, but you can do that) or just mail the ticket to the owner. I suppose the owner could use a defense that the vehicle was kept on private property and the driver took it without permission. But then their looking at the driver being charged with operating without owners consent, a felony.
I’ve written non-registration tickets for vehicles that were parked. If it’s on a public roadway, the tags have to be valid. You can put the ticket under the windshield wiper, or you can mail it to the address that comes up for the tags. If the address is right where the car is parked you start knocking on doors to issue the cite in person.
Thanks pkbites - it sounds like where you live, it’s at least in part up to the officer.
Just to clarify, I wasn’t person B, but recently I was person A for three days. A friend got in a real jam, I loaned him my extra car. He didn’t drive much, but I (and him too) was nervous as a kitten hoping he wouldn’t get stopped.
Bad karma, I know. Sorry. 
In my state, as the driver, it’s assumed that you know the car has all it’s papers. The driver gets the tickets. The driver may try and sue the owner but the judge may just throw it out of court since the driver knew all this. Of course, had the car been confiscated, then the shoe is on the other foot. And if their had been an accident, them the both of you could be liable. :eek:
Could go either way in NJ. It is the driver’s responsibility to make sure the car he is driving is in good working order, is properly registered and insured. The owner is also responsible to make sure his vehicle is registered and insured even when parked. I have written to either depending on the circumstances. Often the owner would come into court with the driver and things would be worked out there.
Not according to your state statutes. Chapter 344 is the statute for vehicle financial responsibilty. Chapter 344.15(1) describes your states minimum requirements for all motor vehicles.
That statute in/of itself is incomplete.
From WI. DOT:
Proof of insurance is necessary:
-
- To obtain an occupational license or to reinstate a driver license after operating privileges or vehicle registration has been revoked.
- To reinstate after suspension if the suspension is a damage judgment or a suspension under the safety responsibility law.
- For drivers under the age of 18 in lieu of having a sponsor.*
From State Patrol:
Do you have to have insurance on your car to operate in Wisconsin?
No, private vehicles don’t unless the operator is restricted to financial responsibility.
Like I posted previously, insurance is not mandatory except for certain drivers.