Son failed driving test.

patters78

Hi
Just asking a quick question regarding my sons test today.
He has failed for being to close to the car in front while trying to merge onto a dual carriage way which isn't the reason I'm querying his fail.
Before this happened he got stuck in the road because a tipper van was blocking both lanes dropping off building supplies, he got asked by the tester to mount a high kerb on the opposite side of the road and drive along the pavement to pass the lorry? This was something he obviously has never been shown how to do and it put him off/made him nervous even though he completed the manoeuvre ok.

Is this right I thought driving on the pavement was illegal and surely the instructor should have waited or turned around and went the other way? 

AdrianC

Were you in the car with them on the test? No? Then you're relying on Chinese Whispers from somebody who admits they were rattled by what is a completely commonplace situation.

It's irrelevant to the fact your son failed, if you're trying to work up some kind of appeal.
But, surely, he's the current expert on the Highway Code, so he can tell you...?

daveyjp

Driving on the pavement is an offence except to access a property or in an emergency.

Circumstances dictate if its an emergency and we weren't there so can't comment.

tommyedinburgh

Get the next test booked today and move on - good life experience, the pain of failing will spur him on for next time.

patters78

Next test is booked I agree with the tester going on what my son says for the fail point he was too close even by his own admission,  but the kerb mounting is something I just don't understand or agree with and seems more a move to quickly get past the lorry rather than be safe
His instructor agreed and has dashcam footage he will look over

AdrianC

patters78 said:

His instructor ... has dashcam footage he will look over

Still Chinese Whispers - it will just show your son mounting the kerb (if he did), not whether the examiner told him to.

Dashcams CANNOT record video or audio inside the vehicle on driving tests.
https://www.gov.uk/government/publications/filming-or-recording-driving-tests/filming-or-recording-driving-tests

For all you or the instructor know without seeing that video, there may have been adequate space to get through without mounting the kerb, but your son simply misjudged it.

BOWFER

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Grumpy_chap

I am struggling to understand what action the OP would like from this.
The OP's son failed the test and accepts the reason for the fail.
At best, pursuing the issue about mounting the pavement would only seem possible to generate another reason for a fail.
Seems best to me to focus on the next test and not worry about what might have been.

cajef

If the driving examiner instructed him to do it then providing reasonable care was taken he could not fail him on that, if however he had instructed him then failed him on that it would be a different matter.

patters78

cajef said:

If the driving examiner instructed him to do it then providing reasonable care was taken he could not fail him on that, if however he had instructed him then failed him on that it would be a different matter.

So if the examiner had instructed him to do 50 in a 40 but provided reasonable care would that be ok? no
So if indeed my son isn't lying and was told to mount a kerb in a none emergency situation would that not also be something the examiner shouldn't have asked? would he have also failed him on hitting the kerb if it was something he hadn't asked?
How can you be testing somebody but make them do something that's illegal? providing my sons telling the truth
Hopefully I get to see a video of it later

strawb_shortcake

My Husband mounted the kerb on his driving test to avoid an accident, he still passed. 
Suggesting someone exceeds the speed limit as part of their driving test is not comparable to possibly needing to mount the kerb