Page 11 of 11 FirstFirst ... 91011
Results 101 to 105 of 105

Thread: Unfairly failed driving test

  1. #101
    Join Date
    Jul 2011
    Posts
    1,526

    Default

    Quote Originally Posted by NP223 View Post
    Things like this used to happen all the time to me. Failed 3 times for 'made up' faults (often when I had no minors, so it def wasn't my driving!). Then I read somewhere that you are more likely to pass if you bring along your instructor so the 4th time I did, and passed with 0 minors.

    Try that? And get loads of practise in!
    I won't comment on the 'made up' faults, as I'm unlikely to change your view.

    So far as bringing your instructor along is concerned, the only statistics I've seen showed that over a year the average pass rate was about three percentage points LOWER when the candidate was accompanied. The data did not distinguish those accompanied by an instructor from those with a parent or friend etc., but the latter would have been a tiny minority.

    The other statistic you might like is that only about one in about 120 passes have no faults, so well done!

  2. #102
    Join Date
    Jun 2016
    Posts
    2

    Thumbs down Fairness can be luck.

    The sad truth is there is no continuity of standard. Examiners do their best but even they make mistakes, proving it was genuinely wrong is another thing. Especially if you are a novice driver.

    I am an advanced trained professional driver and a member of the institute of advanced motorists. I have been driving for over 27 years and yet I failed my final motorbike test for ... failing to pull out at a junction when a vehicle that was still moving forward flashed me.

    Sadly that's not really a debatable issue .. the highway code makes it very clear headlight flashing is only a signal to indicate your presence to other road users. You should not take flashing of headlights to mean anything else. I was told you have failed for hesitation because you should have gone when the car flashed you ... uhm yes except that's contrary to the highway code. It is a test not a race and waiting to see the drivers intention when you cannot see him or her to make eye contact is the correct response.

    As with many I have appealed to the dvsa because my fail is clearly contrary to the highway code, do I expect them to null the test and allow resit as requested?... no not really. It does however worry me that you can fail for not doing something both the highway code and years of experience and training tell you is totally wrong. What's more you pay the £75 for a service and you expect it to match at the very least the guidancei n the highway code ... the dvsa Bible

  3. #103
    Join Date
    Jan 2016
    Posts
    278

    Default

    What did the DVSA say in reply to your appeal?

  4. #104
    Join Date
    Jul 2011
    Posts
    1,526

    Default

    Quote Originally Posted by alan1302 View Post
    What did the DVSA say in reply to your appeal?
    They would probably have replied along the following lines:

    "You have the right to appeal if you think your driving examiner didn’t carry out your practical driving test in line with the regulations. You should appeal to:

    a magistrates’ court if you live in England or Wales
    a sheriff’s court if you live in Scotland

    You have 6 months after your test to do this in England and Wales, and 21 days after your test in Scotland.

    However, we cannot change your test result."

    From https://www.gov.uk/government/organi...ints-procedure

    In other words you can appeal about breaches of process, but not about the result.

  5. #105
    Join Date
    Jun 2016
    Posts
    2

    Default

    I have only justs submitted my personal appeal and to be fair to the dvsa their response asking for a couple of bits of information was fast ... the next day.

    As I say I hold little hope of a fair outcome despite the straightforward issue in my appeal. That said if the problem is one of genuine unfair decision it does not mean it should go unhighlighted. Never pull out because another motorist flashes.... to do so puts you in uncertain danger.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Follow RAC:

Sales enquiries:

0330 159 1111

03 numbers are charged at national call rates and included in inclusive minute plans from landlines and mobiles. Calls may be monitored and/or recorded