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Thread: Unfairly failed driving test

  1. #101
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    Jul 2011
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    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
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    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
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    Jan 2016
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    What did the DVSA say in reply to your appeal?

  4. #104
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    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
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    Jun 2016
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    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.

  6. #106
    Join Date
    Aug 2016
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    3

    Default Me too

    I've read a bit this thread after failing my 1st attempt last week. Unlike most of you, I don't think the examiner was unfair, well actually I have no idea, I am not the expert: I got 1 minor and 1 major for driving too close to one particular parked car. I don't think it was a problem, but apparently it was not test standard. I wish that in my 15 hours of lessons I had more warning about that.

    But I feel the whole process for me is unfair. I'm EU citizen and passed my test 15 years ago after a number of lessons, and I have been driving and living in different countries since then -- in all cases I could transfer my license. I made the mistake of trading my EU license to a US license a few years ago, and apparently they don't accept it here. Since I'm not US citizen, I also could not renew my license there without being a resident, so I only had 6 months of validity when entering in the UK (and that's out of luck since it could have been 0 month if I had moved 6 months later). I also thought about re-applying for a license without test in my home EU country, but in principle it is not legal if you're not resident so I thought I would do the proper route. Then I was mislead by the DVLA into thinking I needed to wait 6 months to apply for a UK prov license (I am pretty sure they say that on the website and they said it on the phone), so I rushed to order the license after 6 months (leaving me a month without passport and I had to cancel work related travels!) and pass the theoretical test, and booked 15 hours of lesson to pass rapidly -- and I don't mind being reminded how to drive well after 15 years -- but it means that I took pretty much all my vacations this year as days off to take lessons. Well it didn't work out that way, my US license expired three months ago and since then I can't drive alone, even though I already drove to work everyday in the first 6 months in UK! And now I have failed my first test and the next available booking is in 2.5 months! Looks like I might not be allowed to drive for at least 6 months, and probably more if I don't pass 2nd time. I might as well sell my car!

    Can't UK simply accept that people who already passed a driving test in Europe can drive HERE? I'm feeling I am being punished harshly for no reason. I am working here and hopefully the UK benefit from my work. The only persons I know who had their licenses removed for 6+ months are those who took very dangerous actions on the road like drunk driving, not just moving to a different country for work. Now I can't transport my kids anywhere from the countryside where we live with quite terrible public transport. I know some people can live perfectly without having a valid driving license -- my wife does and is not in a rush to ask for a license here -- but I find it nonetheless outrageous that it is forced on me. Failing first time for passing too close to a car, OK, but losing the right to drive for 6+ months?? Are North American drivers so bad? I don't think so. So for that rule, I would certainly like to appeal.
    Last edited by spiralscape; 13-08-16 at 19:09.

  7. #107
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    Jan 2016
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    Quote Originally Posted by spiralscape View Post
    Can't UK simply accept that people who already passed a driving test in Europe can drive HERE?
    No, we can't, if you drive here you need to prove you are up to standard. If you are then you pass the test and get your licence.

    There is enough poor driving on the roads as it is without people who have never passed the test getting a a licence.

  8. #108
    Join Date
    Aug 2016
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    113

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    The Examiner is a appointed professional Examiner, for good reason.

    So you as a learner, that does not know if you can drive proficiently enough to convince him!! Now see fit to challenge Him ??

    What are your Qualifications, Merits, Experience for that judgement.


    My passport has expired after 10 years. that's fine! I can drive my, my van and my Jaguar in the Uk. Drivers licence valid.


    What is your excuse ?? You can drive - Just not here.

    I don't see the problem.

    Knock your self out - Drive drive and drive some more ....

  9. #109
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    Sep 2007
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    Aye! Your right there, I've driven in a few Eastern block countries, and the standard of driving there is really bad!

  10. #110
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    Aug 2016
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    113

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    Quote Originally Posted by smudger View Post
    Aye! Your right there, I've driven in a few Eastern block countries, and the standard of driving there is really bad!
    They drive on the wrong side of the road. Im not joking, they Do !! Seen it at the movies

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