If you break the speed limit and are caught on a driving test...
For discussion relating to any and all aspects of learning to drive from finding an instructor to passing the test. Get advice, tips and support from other fellow learners.
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- Overlord in Training
Re: If you break the speed limit and are caught on a driving test...I doubt there will be any points given, just one unhappy learner that fails his test.(Original post by Runninground)
who gets the points/fine? Both learner and examiner or just the learner driver? -
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Re: If you break the speed limit and are caught on a driving test...Well if you drive so fast that it warrants the points then it is the learner driver.
You should be stopped before hand but the law states that a leaner driver should drive to that expected of the standard and reasonable driver, i.e. they shouldn't go really fast/through red lights etc.
This never happens because the driving instructor/examiner has the foot controls but if you mess up, it's your fault. -
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Re: If you break the speed limit and are caught on a driving test...unless the examiner is blind, he should stop you. If you ARE caught by chance, then both of you get points on your licence. (including examiner). I know this because my instructor told me.
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Re: If you break the speed limit and are caught on a driving test...Your instructor is wrong.(Original post by Michaelj)
both of you get points on your licence. (including examiner). I know this because my instructor told me.
The driver commits the offence. The driver is liable to any fine and points.
If the driver holds a provisional licence and is being supervised by a qualified driver (parent, friend or instructor but not a test examiner), then the supervisor should take all steps to avoid the commission of an offence by the driver. If the driver commits an offence, then the supervising driver is guilty of aiding and abetting the same offence, and upon conviction, shall be liable to the same penalty as that imposed on a principal. - Magistrates Courts Act 1980, s.44 In short, both the driver and supervisor get the fine and points, although offences detected by automatic cameras tend only to reach the driver.
A driving examiner conducting a driving test is another matter. In law, a provisional licence holder is exempt from the requirement to be supervised "while undergoing a test", therefore on test you are legally considered to be "unsupervised". This means that the examiner is only observing, not supervising, and as an officer of the crown on official duty, cannot be prosecuted for any offence that the driver may commit. If you commit an offence, you'll fail your test for sure, but the examiner won't lose any sleep over it; no court in the land can touch him.Last edited by Advisor; 13-07-2012 at 20:15. -
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Re: If you break the speed limit and are caught on a driving test...Fair enough. What proffesion is it you do if you don't mind me asking?(Original post by Advisor)
Your instructor is wrong.
The driver commits the offence. The driver is liable to any fine and points.
If the driver holds a provisional licence and is being supervised by a qualified driver (parent, friend or instructor but not a test examiner), then the supervisor should take all steps to avoid the commission of an offence by the driver. If the driver commits an offence, then the supervising driver is guilty of aiding and abetting the same offence, and upon conviction, under common law shall be punished as if they had committed the offence as principal.
A driving examiner conducting a driving test is another matter. In law, a provisional licence holder is exempt from the requirement to be supervised "while undergoing a test", therefore on test you are legally considered to be "unsupervised". This means that the examiner is only observing, not supervising, and as an officer of the crown on official duty, cannot be prosecuted for any offence that the driver may commit. If you commit an offence, you'll fail your test for sure, but the examiner won't lose any sleep over it; no court in the land can touch him. -
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Re: If you break the speed limit and are caught on a driving test...Advisor is spot on with that reply
A court would have to prove that any supervising driver did not do all that was reasonably possible to stop the learner doing something illegal -
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Re: If you break the speed limit and are caught on a driving test...I am going to guess that Advisor is either a grade 6 ADI or examiner ... or both looking back over their 1000+ posts and the answers given(Original post by Michaelj)
Fair enough. What proffesion is it you do if you don't mind me asking? -
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Re: If you break the speed limit and are caught on a driving test...If you are driving an instructor car with dual controls, you can't speed. The examiner would brake for you, you'd fail your test, and s/he would give you a good telling off.
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Re: If you break the speed limit and are caught on a driving test...I was speeding on my driving test and my examiner did nothing. I was going at 56 mph on a 50 zone. I slowed down once I noticed obviously, but the examiner didn't mention it or anything.
