Appealing A failed driving test? Watch

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Spotty Dog
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#21
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#21
This is interesting.. I touched the kerb both times in my pull-up-and-park (pull up at the side of the road and stop), but only recieved a minor both times. But others are saying it's an instant failure to touch the kerb. (Mind you, it's coming up to 3 years since I passed)

My defense on that was that the road had a very steep camber on it, which I wasn't used to and thus did not allow for.

To those who say that 8 minors is a lot - I got 8, but 4 of which were PURE nerves - Leaving signals on too long, not understanding instructions correctly because I was too nervous to listen etc. So, I consider that I got 4 faults, not 8. :p:
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hanfromman
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#22
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#22
i touched the curb when pulling up and parking too, but only got a minor for it the instructor got me to do it about 6 more times and i did it right those times, so mabye she forgave me!:p: that minor came under steering, mabye thats why thats a minor cos its not cos u werent looking where u were going? so mabye its seen as less dangerous as it was just a misjudgement rather than a lack of observation?
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Sports Racer
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#23
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#23
Touching the curb is usually an insta-fail but definitely not always. While doing a regular left turn I not only touched the curb, I drove right over it. Still passed.

Seems like my overall standard of driving was too awesome to say no to.
milan5baros
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#24
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#24
lol thats why I'm confused, I guess he gave the fact that I touched the curb and bad observations as a serious fault put together.

My general driving though was smooth, so they don't always let you off.
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Ploop
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#25
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#25
Failing to see a curb is failing to see a life.

I've never known anyone to be successful in appeal. Besides, the feeling of self-injustice tends to corrupt a sense of realism.
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Spotty Dog
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#26
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(Original post by Ploop)
Failing to see a curb is failing to see a life.

I've never known anyone to be successful in appeal. Besides, the feeling of self-injustice tends to corrupt a sense of realism.
Mum says she's known people to be successful.

The most recent was 6 months or so ago, when an instructor failed for not checking mirrors before an (unexpected) emergancy stop - A ball bounced into the road from between two cars, and the poor boy hit his brakes for fear of a child appearing. (The child didn't appear, and the examiner failed him). He appealled on the grounds that the child's life is more important than the mirrors and he shouldn't be failed when potentially he could have saved a life, and won.
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georgia
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#27
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(Original post by Ed.)
Yeah on my first test I thought I had passed. Only to discover I hadn't. Oh well.
Same. And I was pretty devastated. Oh well, retest this week!
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The Apprentice
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#28
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#28
tbh if you belive you can really drive you might aswell retake the test
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InArduisFouette
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#29
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#29
(Original post by milan5baros)
I'm considering appealing a driving test that I failed today. To be honest I think there ridiculous some of the things you can get failed for.

I failed with 1 serious fault and 8 minor faults.

The serious fault was given to me on my Reverse park, and was listed under "observation". I touched the curb at a very slow speed and was allowed to correct it. However the Examiner said that I did not look over my left shoulder when reversing before I nudged this curb. Given the fact that I was traveling so slow is then any chance of an appeal.

Has anyone appealed before? or Know how to?

thanks
the simple answer is NO

the not so simple answer is not flipping likely , becasue you can't prove the examiner hs failed to conduct the test within the DSA guidelines, this being thesole reason for appealing against a result, Also giventhe OP admits kerbing during a manouvere...
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becky.fm
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#30
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#30
(Original post by Spotty Dog)
Mum says she's known people to be successful.

The most recent was 6 months or so ago, when an instructor failed for not checking mirrors before an (unexpected) emergancy stop - A ball bounced into the road from between two cars, and the poor boy hit his brakes for fear of a child appearing. (The child didn't appear, and the examiner failed him). He appealled on the grounds that the child's life is more important than the mirrors and he shouldn't be failed when potentially he could have saved a life, and won.
I'm really glad that guy won, he's got a great point
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Spotty Dog
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#31
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#31
(Original post by becky.fm)
I'm really glad that guy won, he's got a great point
The problem is, I think you need a really cut and clear case like that to win, not a "Well I could have passed if ____" situation, you know?
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milan5baros
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#32
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#32
passed on the 1st of august, with 3 minors!

one minor was for control on my reverse park
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HerRoyalHighness
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#33
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#33
I agree that the test does not really prepare you for driving in reality, but is it really worth the hassle? The result cannot be changed and presumably if everything else was ok then you will have no problems passing next time.
milan5baros
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#34
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#34
i have passed see above your post
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DirtyHarry
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#35
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#35
(Original post by Ploop)
Failing to see a curb is failing to see a life.

I've never known anyone to be successful in appeal. Besides, the feeling of self-injustice tends to corrupt a sense of realism.
Ugh, cringe.

You can't see all of the kerb, not to mention there's a big difference between touching and mounting the kerb.
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HerRoyalHighness
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#36
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#36
(Original post by milan5baros)
i have passed see above your post
Many congrats! xx
westsussex girl
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#37
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#37
I'm absolutely fuming and gutted as my daughter failed her driving test on friday by 1 major fault. Thats it no minors. The fact is that the fault I looked up in the DSA official guide for driving examiners says it was not an immediate fail. It states the candidate took observation before emerging at the junction. However, they misjudged the distance of an approaching vehicle, causing it to slow down, safety was not compromised.
She pulled out from the junction and there was a car 150yrds away. She would not have pulled out if she knew it was dangerous. If she had sat there he would of failed her on hesitation anyway. Catch 22. But surely if he felt that it was that serious and dangerous then wouldn't he have used the bloody controls. They got back to the test centre and he told her that her driving was faultless. Work that one out!!!
I've put in a official complaint. I know the dicission cant be overturned.
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iodine
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#38
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#38
Sadly you cannot appeal on the ground that the examiner was a jobsworth.
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helraizer
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#39
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#39
(Original post by westsussex girl)
I'm absolutely fuming and gutted as my daughter failed her driving test on friday by 1 major fault. Thats it no minors. The fact is that the fault I looked up in the DSA official guide for driving examiners says it was not an immediate fail. It states the candidate took observation before emerging at the junction. However, they misjudged the distance of an approaching vehicle, causing it to slow down, safety was not compromised.
She pulled out from the junction and there was a car 150yrds away. She would not have pulled out if she knew it was dangerous. If she had sat there he would of failed her on hesitation anyway. Catch 22. But surely if he felt that it was that serious and dangerous then wouldn't he have used the bloody controls. They got back to the test centre and he told her that her driving was faultless. Work that one out!!!
I've put in a official complaint. I know the dicission cant be overturned.
150 yards isn't that much when they're travelling at speed and you're just pulling out. A hazard by the DSA is defined as "something that causes you to change your speed or direction" so if she slowed up the car she was technically a hazard to the other driver so would have been penalised. It really is harsh I admit but that's the way it works unfortunately. Good luck to your daughter the next time!

You don't know that he would have failed her on hesitation, because the chance didn't arise. He might not have.

I understand your frustration for your daughter but unfortunately these things happen. Advice though, book the next test soon as possible, since they're boosting the price and the content of the test at some point.
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thefish_uk
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#40
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#40
(Original post by Spotty Dog)
The most recent was 6 months or so ago, when an instructor failed for not checking mirrors before an (unexpected) emergancy stop - A ball bounced into the road from between two cars, and the poor boy hit his brakes for fear of a child appearing. (The child didn't appear, and the examiner failed him). He appealled on the grounds that the child's life is more important than the mirrors and he shouldn't be failed when potentially he could have saved a life, and won.
That's complete *******s! The very important feature of an emergency stop is that you don't check your mirrors because the priority is to stop as quickly as possible. This is why if the emergency stop is actually tested the examiner will be seen checking the mirrors and looking around beforehand to make sure it's safe to tell you to do the stop - because you aren't expected to yourself!

Anyway congrats to the OP for finally passing

About the one at the junction, 150 yards isn't a lot and the car may have been travelling fast. Generally when I did my (3 in total) tests I stayed on the side of being cautious and didn't get a single fault for hesitancy - I think you have to be really taking the piss to get one of those. Then again I was under the impression that very slightly cutting someone up (as in, it's debateable whether you're cutting them up at all) was only grounds for a minor. I've heard that examiners will often judge the drive as a whole and if they don't feel the candidate will continue be a safe driver upon passing their test will find some excuse to fail them. Perhaps the examiner thought your daughter was a bit cocky and overconfident and this is what happened here? Most bad driving is caused by people who could drive well having a bad attitude and I guess this is the examiners' way of trying to keep them from getting their license in the first place. Obviously they could've been wrong in this case.

Oh, and remember, you've only heard your daughter's interpretation of the story...
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