We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Speeding ticket

145791016

Comments

  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    Woody. wrote: »
    Why should she be responsible if she was sat in the passenger seat?


    She wouldn't chap, and also if someone else was sat in the driving seat, yeah????

    That is the bit you don't get, god wheres the banging head emo, hammer.gif, that'll do.
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Woody._2
    Woody._2 Posts: 472 Forumite
    She wouldn't chap, and also if someone else was sat in the driving seat, yeah????

    That is the bit you don't get, god wheres the banging head emo, hammer.gif, that'll do.

    I don't get who else would be sat in the drivers sear in the middle of her driving lesson.

    The OP seems to accept her daughter was driving and asked should the instructor be responsible. Can you not comprehend that?
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 July 2011 at 5:50PM
    A driving instructor has a duty to ensure they keep proper records of who is driving their car and when

    An an MP has a duty to ensure that they only claim legitimate expenses,
    and a police officer has a duty to ensure that they enforce the law in an unbiased way,
    and a teacher or child minder has a duty to ensure that they always behave in an appropriate manner with the children in their care.
    ...
    ...

    And we all know how often these (and many other people) fail in their duty.
    The OP seems to accept her daughter was driving and asked should the instructor be responsible. Can you not comprehend that?
    Maybe because it never occurred to them that it could be otherwise and that the instructor might just attempt to slide the penalty on to one of their pupils.
    If I received a NIP in the post I would want to make 100% certain that it was me driving before I paid the fine and accepted the points, so what is wrong with advising the OP to make sure that their daughter does the same?
  • cyclonebri1
    cyclonebri1 Posts: 12,827 Forumite
    edited 9 July 2011 at 5:51PM
    ;)
    Woody. wrote: »
    I don't get who else would be sat in the drivers sear in the middle of her driving lesson.

    The OP seems to accept her daughter was driving and asked should the instructor be responsible. Can you not comprehend that?


    But she hasn't, she's accepting the word of the driving instructor.

    Sorry chap, not being pedantic but the powers that be have to prove/be certaiin as to who was driving, OK??

    Comprehension is my middle name, be carefull, 83.gif, ;);)
    I like the thanks button, but ,please, an I agree button.

    Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)

    Always expect the unexpected:eek:and then you won't be dissapointed
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    bigjl wrote: »
    Nice to see another thread where a somebody is trying to look for a way to blame somebody else.

    Who is to say the learner wasn't told several times to slow down but ignored the instructor.

    I never got caught speeding when learning to drive.

    Instead of trying to blame somebody else how about taking some reponsibility and going to.court to explain the mitigation, that the driver was under instruction an momentarily strayed above the posted limit due to lack of experience.

    Though perhaps a little overconfidence was also to blame.

    The NIP would almost certainly have gone to the driving instructor who would have informed the camera partnership who was driving and they have now sent the NIP to the learner driver so I thonk.it is obvious who they think.is liable.

    That is what dual controls are for and he if he didn't used them, he doesn't deserve to be a driving instructor.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    If you are referring to Section 172 then driving instructors, like companies for example, are expected to take steps to know who is using the car. However in the event that, lets say, during a 1 hour lesson both the instructor and pupil have used the car then it may not be possible to identify who the driver was. Despite reasonable diligence, in such circumstances it can be that neither party is liable for a penalty - however I believe there have been certain instances when a court has given both a fixed penalty and points.

    If the registered keeper cannot, or will not, declare who was driving at the time of the offence, the default is that the registered keeper is liable.

    During the the working day, of the average driving instructor, he rarely sits in the driver's seat. He may drive to his first lesson, then the student drives for that lesson and then to the next student's home. The next student then drives the first student's home and so on, until the end of the working day, when the instructor drives home.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Woody. wrote: »
    What are the odds of that oher than on the first lesson? Vey slim and any how the instructor has already nominated the pupil so I guess he knows who was driving.

    Or wants the police to believe so. ;)

    Driving instructor fined despite blaming pupil
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Woody. wrote: »
    Who needs to prove what?

    The instructor has nominated the pupil, has the OP stated anywhere that there is a doubt as to who was driving?

    It wouldn't be the first time an instructor has tried to get away with it.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Flyboy152 wrote: »
    Actually, it's a part an instructor has to buy, if they want to use that particular car as a driving school car....I'll let you have a guess as to why it would be required.
    Where did you find this bit of useless information? where does it say that an instructor MUST buy a second speedometer before a car can be used for delivering lessons? Road Traffic Act ? Construction and Use Act, !!!!!!!! down the Pub Act ? ahh I think I know :T
    Although I was kind of joking about having a guess, I really didn't expect someone to actually try and get it so wrong. I will let you have another try though....if your interested.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • bigjl
    bigjl Posts: 6,457 Forumite
    Flyboy152 wrote: »
    That is what dual controls are for and he if he didn't used them, he doesn't deserve to be a driving instructor.



    Yeah, whatever.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.2K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.