Can You Drive a Car Registered in Someone Else’s Name?

Who has never driven a car registered in somebody else’s name can “cast the first stone”. Whether it belongs to a parent, sibling or even a friend, most of us are likely to have done it.

But are we actually allowed to? What happens if we are stopped at a roadside check? If a speed camera catches us exceeding the limit, who receives the penalty points on their driving licence and pays the fine? And who is liable if there is an accident?

To clear up any uncertainty around this issue, we answer each of those questions below.

Is it prohibited to drive a car registered in someone else’s name?

Let us start with the simplest - and also the most important - question. The answer is straightforward: no, it is not illegal to drive a car registered in someone else’s name.

Not only is it lawful to drive a vehicle that is not registered to you, but the policyholder does not have to be the vehicle’s owner either.

That said, the matter of driving a car registered in another person’s name does not end there.

If you are fined, who pays?

As a general rule, responsibility for breaching any provision of the Highway Code falls on the driver.

However, it is not always possible to establish who was driving - for instance, when a vehicle is caught speeding by a camera. In such circumstances, responsibility passes to the vehicle’s owner.

The Highway Code is explicit: the holder of the vehicle registration document, or the hirer, is secondarily liable for payment of the fines and costs owed by the person who committed the offence, without prejudice to their right to recover those amounts from that person where the vehicle was used improperly.

In other words, for the owner not to be held responsible for the fine, they must prove “that the driver used it improperly or breached the orders, instructions or terms of the authorisation granted”.

Article 135 of the Highway Code also states that liability for offences lies with the:

1. Driver of the vehicle, for offences relating to the act of driving;
2. Holder of the vehicle registration document, for offences concerning the conditions under which the vehicle is permitted to use public roads, as well as for the offences mentioned above when the driver cannot be identified;
3. Hirer, in the case of operational vehicle hire, long-term hire or finance leasing, for the offences referred to in point a) when the driver cannot be identified;
4. Pedestrian, for offences relating to pedestrian traffic.

There is more to consider. If the vehicle owner allows somebody to use it without a valid licence, while under the influence of alcohol or drugs, or while subject to any form of “reduction in the physical or mental abilities required for driving”, liability for the offences rests with the car owner.

What about insurance for a car registered in another person’s name?

Naturally, if you are permitted to drive a car that is not registered in your name, its insurance policy may also be held in somebody else’s name.

Even so, this point requires some care. Although the policy remains valid, it is advisable to notify the insurer if the vehicle has another regular driver.

Why? Put simply, this helps avoid the insurer attempting to deny liability after an accident because a different person was behind the wheel.

If it is established that the car’s regular driver at the time of the accident was not the person named on the policy, the insurer may decline liability.

What if you sell the car?

This is the final situation in which you may be driving a car that is still registered in another person’s name.

When buying or selling a car, it is possible to use it while it remains registered to someone else. However, the ownership registration must be transferred as soon as possible, and this should be completed within 60 days of the purchase date.