`Splash test` fail examiner backed

An examiner who failed a woman taking her driving test after she splashed a pedestrian by driving through a puddle has been supported by the Driving Standards Agency (DSA).

It has pointed out that motorists should avoid drenching pedestrians, and a failure to do so is sufficient grounds for failing a driving test.

Manchester mother-of-two Michelle Kelly, who was taking the test for the third time, was told she should have stopped to exchange details with the man she had splashed while he waited for a bus.

She said that if she had swerved to avoid the puddle she might have caused an accident. But after pulling in at the test centre she was told that her actions constituted a traffic offence. She will now have to spend another £200 for more lessons and a new test.

The DSA said it cannot comment on specific details of practical driving tests due to data protection laws.

The Road Traffic Act contains an offence of "careless, and inconsiderate, driving" and Crown Prosecution Service policy states that bad or inconsiderate driving includes driving through a puddle causing pedestrians to be splashed.

Courts may impose fines of up to £2,500 for such an offence.

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