Sitting test in own car

prowla

Astronaughtwannabe wrote: »

Candidate and supervising driver attend the test centre (whether that's instructor or parent). Candidate and examiner drive round the test route and return to the test centre. Examiner gets out and instructor/patent gets back in.

If the centre does not have off road parking/sufficient space then the examiner gets the candidate to park on the road and gets out.

The road chosen to park on is in no way a reflection of whether you are about to be given a pass certificate - it can't because the test is not complete until you've safely & legally parked and also there are questions at the end.

I'd suggest that in your scenario, the learner would have no accompanying driver to get back in after the test, which would be bizarre but even more bizarre would be that the examiner feeling the need to get the candidate to park elsewhere just because they would be driving away after the test.

Are you inferring that asking a failed candidate to park on the road whilst the supervising driver returns, is illegal?

I'm not inferring, I am stating that getting the candidate to DROP THEM OFF would be.

hollie.weimeraner

Astronaughtwannabe wrote: »

Are you inferring that asking a failed candidate to park on the road whilst the supervising driver returns, is illegal?

Asking them to park on the road itself is not illegal. What would be illegal would be if the examiner left a failed test candidate in the vehicle, unaccompanied by a full licence holder aged over 21 who has held a licence for 3 years or more, with the keys in his possession whilst still in the driving seat.

27col

Many years ago my wife passed her driving test. The instructor said "I'll drive back to the office, because you are bound to be a bit excited".
On the way back, he managed to involve them in a minor collision with a milk float.

Car_54

hollie.weimeraner wrote: »

Asking them to park on the road itself is not illegal. What would be illegal would be if the examiner left a failed test candidate in the vehicle, unaccompanied by a full licence holder aged over 21 who has held a licence for 3 years or more, with the keys in his possession whilst still in the driving seat.

Unlikely.

There has been much discussion on another thread (and elsewhere) about what constitutes "driving". I don't believe that someone in the driving seat, parked, with the parking brake on, and the ignition off, could reasonably be said to be driving. Hence no offence is committed.

Astronaughtwannabe

hollie.weimeraner wrote: »

Asking them to park on the road itself is not illegal. What would be illegal would be if the examiner left a failed test candidate in the vehicle, unaccompanied by a full licence holder aged over 21 who has held a licence for 3 years or more, with the keys in his possession whilst still in the driving seat.

Cmon you just made that up ;-)

Here's the Government's made up version:

Conditions attached to provisional licences

16.—(1) A provisional licence of any class is granted subject to the conditions prescribed in relation to a licence of that class in the following paragraphs.
(2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a vehicle of a class which he is authorised to drive by virtue of that licence—
(a)otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle

Whilst case law undoubtedly gives numerous permutations of the definition of driving, I've yet to see one that encompasses 'sitting in a car after it has been parked'.


If you can find one, do please come back and correct me, I'm quite magnanimous in defeat!