Driving Test FAIL - Appealing the result - Anyone tried/succeeded ?

Inactive

So why is the OP posting a question on behalf of his/her Nephew, when;

(1 ) He/she does not have all of the facts, and more importantly;

(2 ) He/she wasn't present throughout the test.


As others have said, the examiners decision is final, not even a Judge can over rule it.

Move on, get more lessons.

exup

you can appeal and get a re test but thats as much as you can get - decisions by the examiner cannot be overturned whether right or wrong. As a motorcycle instructor I had alot of angry pupils that felt robbed, but as I was not there at the time of the test there wasn't much I could do, apart from give them the right channels to appeal to if that was the action they wanted to take.
The only time an instructor was involved directly - and this only applied to getting a retest was when a pupil was failed for carrying out a manoevure without correct observation. but the instructor(my boss at the time) was actually by sheer coincidence travelling the other way in a car at the time and witnessed the manoevure in question, and reported that the examiner, following in a beaten up old Hillman Imp was so far away at the bottom of a hill that there was no way he could see the manoevure take place, let alone the riders observations.
The examiner had a new car not long after

quoia

Inactive wrote: »

So why is the OP posting a question on behalf of his/her Nephew, when;

(1 ) He/she does not have all of the facts, and more importantly;

(2 ) He/she wasn't present throughout the test.


As others have said, the examiners decision is final, not even a Judge can over rule it.

Move on, get more lessons.

I do have all the facts.

My nephew WAS PRESENT throughout the test and I've quoted him verbatim - if he had made the post it would have been IDENTICAL in concept, context and facts!

My nephew was failed because he "was not in full control of the car" for a brief moment whilst the examiner, without warning, was stamping on the brakes when a pheasant ran in front of the car.

He failed because the examiner was a total prat according to my nephew's driving instructor.

If the decision cannot by law be overturned fair enough, but at least an appeal could result in a FREE re-test, saving £100 ish (a VERY MSE concept) and at least this route might highlight the ineptitude of the idiot pretending to be a qualified driving professional to the powers that be

Maybe even a judge can't overturn the outcome but somebody can get this moron struck off !

And my nephew WILL NOT be requiring more lessons before taking the test again

HE WILL be demanding a different examiner

AND he will be taking the test in a car that does NOT have dual controls fitted

Inactive

quoia wrote: »

I do have all the facts.

My nephew WAS PRESENT throughout the test and I've quoted him verbatim - if he had made the post it would have been IDENTICAL in concept, context and facts!

My nephew was failed because he "was not in full control of the car" for a brief moment whilst the examiner, without warning, was stamping on the brakes when a pheasant ran in front of the car.

He failed because the examiner was a total prat according to my nephew's driving instructor.

If the decision cannot by law be overturned fair enough, but at least an appeal could result in a FREE re-test, saving £100 ish (a VERY MSE concept) and at least this route might highlight the ineptitude of the idiot pretending to be a qualified driving professional to the powers that be

Maybe even a judge can't overturn the outcome but somebody can get this moron struck off !

And my nephew WILL NOT be requiring more lessons before taking the test again

HE WILL be demanding a different examiner

AND he will be taking the test in a car that does NOT have dual controls fitted

No, he failed because he obviously did not react to the impending situation correctly.

Your Nephew cannot " demand " that he gets a different examiner, he can of course use a different Driving Test Centre.

I somehow doubt that you will succeed in your appeal, free re-tests are only given if it is found that the examiner did not comply with the legal test requirements.

exup

you are very unlikely to get an examiner struck off, the most you can hope for is a retest, and there is no guarantee that the examiner won't be at another test centre.
If this examiner gets a lot of complaints then the DSA may, MAY look into it, but in turn you may also cause your nephews instructor to come under scrutiny by way of DSA checks (if he/she is an a DSA approved instructor).
With all the best intentions I could have, or anyone else on here, and not putting down your nephews skill in any way, I wasn't there, and cannot comment on any part of the test at all. and anyone who would be looking into the case also could not do anything more than give a re test, if they even give that. they could not do anything more regarding the failed test on this case alone.

esmerobbo

Look at it from another angle they knew it was a Pheasant because the examiner hit the brakes and the bird presumably ran or flew away. If he hadn't it could have been road kill. However when he saw something coming in to the road did he know it was a Pheasant. It is very unlikely I know but it could have been a child. The examiner probably made his decision on the lack of reaction by your nephew.

BLT_2

quoia wrote: »

I do have all the facts.


He failed because the examiner was a total prat according to my nephew's driving instructor.

Who was obviously totally unbiased :cool:

If the decision cannot by law be overturned fair enough, but at least an appeal could result in a FREE re-test, saving £100 ish (a VERY MSE concept) and at least this route might highlight the ineptitude of the idiot pretending to be a qualified driving professional to the powers that be

I'm pretty sure he isn't pretending, and he probably has an advanced driving certificate while your relative has a provisional licence

Maybe even a judge can't overturn the outcome but somebody can get this moron struck off !

Ah so you want the driving instructor made unemployed because your nephew couldn't pass his test? Seems a fair punishment for doing his job, ie keeping unsuitable drivers off of the road

And my nephew WILL NOT be requiring more lessons before taking the test again

HE WILL be demanding a different examiner

AND he will be taking the test in a car that does NOT have dual controls fitted

So to sum up, not having been there, knowing nothing of the test other than what your nephew has told you, you have decided that a fully qualified driving examiner is an incompetent moron who should be struck off of the register.

There is of course another possibility which I suppose you hadn't considered - your nephew is a cr*p driver :rotfl:

See my comments in red

photome

To the OP

Why didnt your Nephew brake before the instructor? If he had done so he wouldnt have failed.Most drivers reactions to something running out into the road is to brake imediately

soolin

Having breaks applied by an examiner in a test is about as bad as it can get. I'm sorry but if it got to that stage then I can't see how you can think your Nephew has any appeal that can be made without him looking like a very incompetent learner.

At th every least he'll have a good story out of it, 'I was so bad my examiner had to brake', it almost beats my friends daughters story about 'clipping' a stationery bus and claiming it just came out of nowhere.

andygb

I agree with Inactive on this one. We are being relayed the story by someone who was not there, and such stories are never totally accurate.
I would be very surprised if anyone did a virtual emergency stop to miss a pheasant, because that in itself is a dangerous action.
I have heard many stories "made up" by people who have failed tests, and usually you can see the reason for the failure.
Time to move on and book another test I am afraid.