Who Pays fine

KKeller_2

Hi

Well last week I had my driving test and I failed for driving in the bus lane for a couple of seconds. Well the fine has come back to my driving instructor who says I have to pay for it. Who is obliged to pay for it?
All help will be appreciated.

Thanks

darkblue_2

Good question. I would assume it is the person behind the wheel, but check with your local police authority.

If the fine is made out in your name, clearly you have to pay. Do not pay the fine if it is in your driving instructors name - but question it with the police, as it may be you need to pay but they need to issue it in his name as it was his car.

peter_the_piper

To me it depends whether you want the same driving instructor for the retest, if so take responsibility and then take scans/pics and remove personal details. Host on tinypic and copy the url. Paste the url into a post and remove the http:// bit. Others here can advise how to contest it.

AlexisV

The registered keeper / owner is liable.

You could walk away.

Practically, if you want to stick with the same instructor though, it would be easier to pay for him.

KKeller_2

I have no intention of sticking with the same instructor. The fine was sent to his address and the fine was addressed to him. I was sure it was him who had to pay the fine because the at the end of my driving test the the examiner told my instructor that he had to pay for the test. Yet as we were coming back my instructor said "what he really meant to say was that you had to pay the fine not me"

king100

What is a good reason for driving in a bus lane?
There are a small number of reasons when it is OK to drive in a bus lane during the time it is in operation. Among these are;

• when directed to do so by a police officer in uniform;
• to avoid a collision or debris in the road;
• to drop off or pick up a passenger;
• to undertake a vehicle turning right (in this case ensure that the route back out of the bus lane is clear before undertaking);
• To enter or exit a driveway to a roadside property.

In all cases it is expected that the stay in the bus lane is as brief as possible.

Any of these?

Did you fail test because of that?

DaveF327

KKeller wrote: »

I have no intention of sticking with the same instructor. The fine was sent to his address and the fine was addressed to him.

The instructor wasn't driving the car, was he? You committed the contravention, so morally speaking, you should pay up for your misdemeanour. Why should your instructor pay for something that wasn't his fault?

I'd check with the terms and conditions between you and your instructor because if I were an instructor in that situation and forced to pay the fine on someone's behalf, I'd be seeking to recover the monies from the pupil - through the civil courts if necessary.

daveyjp

If I hire a car and do the same as you, is the Chairman of Hertz responsible as it was his car?

Instructor will have a defence that he wasn't driving and will then provide your details. The PCN will come to you, then you can fight it.

taffy056

DaveF327 wrote: »

The instructor wasn't driving the car, was he? You committed the contravention, so morally speaking, you should pay up for your misdemeanour. Why should your instructor pay for something that wasn't his fault?

I'd check with the terms and conditions between you and your instructor because if I were an instructor in that situation and forced to pay the fine on someone's behalf, I'd be seeking to recover the monies from the pupil - through the civil courts if necessary.

But if he told the pupil to go into the bus lane, wouldn't he be liable? Really he is instructing the pupil and I do think that in some circumstances the driving instructor would be responsible, its a real interesting question though, going to do some research on it.

taffy056

Got this from the ADI forum

http://www.adiforum.co.uk/cgi-bin/yabb2/YaBB.pl?num=1283005206/10#10

The Exhibitionist is correct, the driver of the car is responsible regardless of their status and any accompanying driver MUST declare who was driving at the time the offence took place if asked. Rarely, very rarely, the accompanying driver can be charged with aiding and abetting if there is concrete eviidence to support this but it is highly unlikely.

As far as l am aware the only offence a supervising driver can commit in the L car is using a mobile phone either to call or text while accompanying a learner driver

Rolandtheroadie

taffy056 wrote: »

But if he told the pupil to go into the bus lane, wouldn't he be liable? Really he is instructing the pupil and I do think that in some circumstances the driving instructor would be responsible, its a real interesting question though, going to do some research on it.

Before you do that, read the OP again. They were on their test and drove into a bus lane. The instructor wasnt even in the car and the examiner isnt going to tell you to do something so he can fail you.
OP, if I was your instructor, I would take you to the small claims court to recover all costs.