Who Pays fine

taffy056

scotsman4th wrote: »

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.

to late, see post 10 above I got the answer already

Rolandtheroadie

taffy056 wrote: »

to late, see post 10 above I got the answer already

You got an answer to a question that hadnt been asked.;)

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

Theres loads of offences a supervising driver can commit in the L car. I'm sure if they were drunk (the supervising driver) they could be prosecuted.;);)

taffy056

scotsman4th wrote: »

You got an answer to a question that hadnt been asked.;)

I'm just sad lol

TheBogsDollocks

It is the vehicle owner that is liable for any bus lane penalty charge. see 4(1) for within London


http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=local+london+authorities+act+1996&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1515043&ActiveTextDocId=1515051&filesize=3137

and 5(1) for outside London

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Bus+Lane+Contraventions+(Penalty+Charges%2c+Adjudication+and+Enforcement)+(England)+Regulations+2005%2c+(%22The+Regulations%22)+&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2028140&ActiveTextDocId=2028162&filesize=5638

It is possible that you signed a contract with the driving instructor making you liable but it would need to be quite specific.

If I were in your shoes and no contract had been signed then I would not pay the penalty charge. Any sensible instructor that drives with novices and in an area that has bus lane and moving traffic enforcement ought to be aware of the potential for such fines. If they did not think of this then it is not your fault, particularly if they at no point made you aware that they would pass on any fines.

DaveF327

taffy056 wrote: »

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

The supervising driver is guilty of aiding and abetting any offence that the driver commits. Yes, the mobile phone one is a special one under statute law, but once the driver is convicted of any other like speeding, running a red light etc, the instructor can be charged with aiding and abetting the same by virtue of neglecting to prevent the offence taking place.

An examiner on test, however, not only has crown immunity in this regard, but is not regarded as supervising a learner under the Motor Vehicle (Driving Licences) Regulations. The only occasion a provisional licence holder can drive unsupervised is when undergoing a test.

TheBogsDollocks

daveyjp wrote: »

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.

the answer to your first point is yes if the hire agreement fails to comply with the law.

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Road+Traffic+(Owner+Liability)+Regulations+2000&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2666506&ActiveTextDocId=2666743&filesize=1078

As to your second point it is totally incorrect. See post 15 above.

keystone

In this instance is not the Examiner the supervising driver?

Cheers

Bashy

If it had been me i would pay it, mainly because it would be the right thing to do even if you are not responsible.

TheBogsDollocks

Bashy wrote: »

If it had been me i would pay it, mainly because it would be the right thing to do even if you are not responsible.

Perhaps morally you are correct depending on the circumstances not yet fully known. However, the OP asked who is obliged to pay and the legal answer is the owner is obliged to pay.

Coupon-mad

keystone wrote: »

In this instance is not the Examiner the supervising driver?

Cheers

Nope, this point has already been answered by DaveF327 a couple of posts above yours.