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Driving test fail - Examiner mistake

I took my second attempt at the driving test today - unfortunately I failed the first one, the examiner was quite harsh but I had made some genuine mistakes during it that I accept and overall agree with their decision apart from one or two points.

During my second test I done much better, yet still came out with a fail. In my opinion it was a perfect drive, I came out with one fault which I was completely baffled at, the examiner claimed I had mounted the curb with both wheels while approaching a roundabout.

When I questioned him as to where this happened, he gave a very accurate location which I remember feeling the car bounce twice quite significantly but not a sharp bump just a smooth bounce. I decided to go check it out on my motorbike afterwards and turns out there is a drain which is significantly dipped into the road.

I have a few reasons to believe I didn't mount the curb.
1. I've never touched a curb, during normal driving or maneuvers in all the time I've been driving, never mind mounting one.
2. I was travelling at around 20, which I think would cause quite a sharp bump on impact with a curb, and at least minor damage to the car.
3. there were two bounces and no feedback in the steering, I think if it had been a curb there would be 4 bumps, an up/down for each wheel.

I think the examiner made a genuine mistake when he thought the drain was a curb, I wouldn't like to see him in trouble but I think if he was to reassess the situation and see the corner in question he would realise that he has misjudged the situation. Is it possible for an examiner to reconsider their decision in light of evidence that they made a mistake, e.g. the drain in its current state and the car sustaining no damage.

Pulled an image in from google street view to give an idea, however the drain isn't sunken in anywhere near as much, will return without my bike to take a proper photo!

capture.PNG


It just seems very bizarre that my driving is to a standard where I could get just 1 fault, yet it be such a serious one that isn't consistent with the way I drive, the examiner said my driving was up to a very good standard and I should resit as soon as I can.

Any advice would be appreciated
:smile:

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Reply 1
I've never known them to change it even if they are in the wrong, you can appeal it and get another test for free I think however.

Hopefully someone else can give you better advice however

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You can only appeal if "you think your driving examiner didn’t carry out your practical driving test in line with the regulations". Whether or not that's the case here I'm not sure, but either way, they can't change the result of the test now. Even if your appeal is successful the best you could hope for is a free re-test. Considering it's your word against the examiners and the only real chance of you getting anywhere would be for the examiner to say "actually yes, I got that wrong" (which seems a bit unlikely), I don't think you're likely to get anywhere. It's unlucky, but such is life :sadnod:
Even if the won the appeal you'd still have to take the test again, suck it up do it again.
Reply 4
If this sunken drain is on a test route then get your ADI to point this out to the examiners
I appealed my first test about a year ago and didn't get a free re-test to wouldn't pin your hopes on getting one :s-smilie:
Reply 6
It would be impossible to prove a mistake was made, it is your word against his.
I suspect you failed because the examiner felt you were not ready to drive on your own and chose this as a failure point, he could have chosen anything.

After all you hit a drain which means you were driving in the gutter at this point.
How often were you in the gutter, as this shows a lack of confidence?

By the way, curb is a verb.
Maybe you went over it too fast and the examiner felt that you didn't have complete control?

I'm sure he thought that there was a genuine reason to fail you, maybe you were way too close to the kerb which made him think that you mounted it.

It's worth a try appealing but at least you have time to get some more experience in.

Good luck in your next test : - )
Reply 8
Even if you appeal it, it won't change if you pass or fail. You may as well not bother.
I wouldn't bother OP, it seems like you're pretty good at driving so just take the test again.
Just bad luck I suppose, and you'll just have to try again unfortunately. Am I also wrong in thinking that mounting the egde of a curb is just a driving (minor) fault and not a serious fault?
Reply 11
I think it's just ****ty luck, there's no way you'd be able to prove it. Still, at least ext time you know you can pass it, right?! If you get that route again next time I'd point out the drain beforehand just to be sure.


Original post by WoodyMKC
Just bad luck I suppose, and you'll just have to try again unfortunately. Am I also wrong in thinking that mounting the egde of a curb is just a driving (minor) fault and not a serious fault?


My instructor always said this was a serious, not sure if that's true though (He was way stricter than the test examiner which is one of the reasons I think I passed!)
Maybe you actually did mount the kerb.
It's hard to tell from that google images photo but the kerb does look really low
Reply 13
Original post by nadiah





My instructor always said this was a serious, not sure if that's true though (He was way stricter than the test examiner which is one of the reasons I think I passed!)

It is a serious because there could have been pedestrians on the pavement



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Reply 14
Wouldn't bother trying to go through the appeal process as you can't get them to pass you anyway. If you are confident in your skills just wait and do the test again.
Original post by nadiah
My instructor always said this was a serious, not sure if that's true though (He was way stricter than the test examiner which is one of the reasons I think I passed!)


I think it depends really, if it's just a bit of a scrape then that'll be a minor. But a full on mount would be a serious.
Reply 16
Next time ave your instructor in the car with you, so he can monitor you're being marked correctly.

I drove terribly on my second test but passed under technicality, no doubt the examiner would've failed if my instructor hadn't been there.
Original post by mphysical
It would be impossible to prove a mistake was made, it is your word against his.
I suspect you failed because the examiner felt you were not ready to drive on your own and chose this as a failure point, he could have chosen anything.

After all you hit a drain which means you were driving in the gutter at this point.
How often were you in the gutter, as this shows a lack of confidence?

By the way, curb is a verb.


It's also a noun




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Reply 18
UK driving tests are completely pot luck IMO. You just got unlucky pal :frown:
Original post by ScarlettFierce
It's also a noun
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A noun in North America.
But in the UK the edge of the pavement is the 'kerb'

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