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Driving test fail - Examiner mistake

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Original post by mphysical
A noun in North America.
But in the UK the edge of the pavement is the 'kerb'


Touché :wink:


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Reply 21
Original post by seanym6
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.
No. The examiner's decision is final and cannot be changed. If it makes you feel any better, you can write to the test centre asking for a copy of the written report, which will clearly state whether you hit a drain or drove over the pavement. My money's on the pavement. Read on to find out why...
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Looking at that picture, the kerbs look very low, almost at road level. If you drove over that kerb (assuming you miss the drain), then I reckon you'd hardly feel it at all. This is consistent with points 2 and 3 that you raised.

From experience, as a serious fault is "developing" or about to happen, the examiner can often predict it (he will notice you oversteering to the left while looking right) before it happens, then make special attention to assess the effect if the kerb is low ( he may lean over the nearside door mirror to watch the rear tyre's path). The drain in the picture is extremely close to the kerb, so if you hit that, then you were definitely oversteering as the correct course should have missed the drain altogether.

Mounting the edge of the kerb with only the rear wheel would most likely be a driver fault, but in your post, you said that the examiner said "both wheels". So if the front mounted at an angle, then the rear wheel will always describe an arc more to the left than the front wheel, so will be beyond the "edge of kerb" and now driving well over the pavement, hence the serious fault.

Driving over pavements on left emerges is more common than you think, and drivers who do this are always oblivious that they are doing it until after the event. Feeling the massive rise and fall over a high kerb usually gives the game away, usually followed by an expletive and the comment "is that a fail?", although the low kerbs that neither of you feel remain a total surprise to them until the end of the test.

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,:smile:
It might seem bizarre, but think about it. If you drove perfectly for 20 minutes, ran a red light, then drove perfectly for another 20, and running red lights isn't consistent with the way you drive, the result would still be a fail. A serious fault is assessed at the time without regard to anything that happened before, since, or on your driving lessons. Rest assured that if the drive were perfect up to that point and perfect afterwards, then if the examiner really had a doubt or "wasn't sure if it was or it wasn't", you would get the benefit of that doubt.
(edited 10 years ago)
Reply 22
Thanks very much to everyone for replying :smile: booked another test, didn't think there was much I could do about it, lets just hope next time is a pass! the examiner seemed to do his job pretty well, which is why I had thought it was a genuine mistake, I've drove that route loads of times and have never known myself to drive in the gutter or had it pointed out to me in past.

Hopefully next time will be the last time!
Original post by Yawn11
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.


What was the technicality aha?


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Reply 24
Original post by SortYourLife
What was the technicality aha?


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I just technically never had a major fail, even though I was sure I did (stalled right at the beginning and tried to move off whilst in gear, TWICE).

14 minors in total lol
Reply 25
Original post by Yawn11
Next time ave your instructor in the car with you, so he can monitor you're being marked correctly.
An instructor present won't make the slightest difference to the examiner's assessment. Nor can he do a thing even if he disagrees. The examiner's decision is final.
Reply 26
Original post by Advisor
An instructor present won't make the slightest difference to the examiner's assessment. Nor can he do a thing even if he disagrees. The examiner's decision is final.


That's your opinion. Mine is, it ensures you're marked fairly and correctly, whether you pass or fail.
Reply 27
Original post by Yawn11
That's your opinion. Mine is, it ensures you're marked fairly and correctly, whether you pass or fail.


There is one more thing that ADI member Advisor has not mentioned ..

If your instructor is in the car then the examiner is LESS likely to be forgiving in a 50/50 situation because they will not want the ADI sitting in to make comments on it which could unintentionaly get the examiner into hot water with bosses
Original post by Potally_Tissed
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:


I agree.
You can appeal if your driving test wasnt carried out correctly or whatever. If you are successful, then you get a free retest.
It may be worth a try appealing you may get somewhere with it, but to be honest i dont think you will get very far, as in this case, its just your word against the examiners. And i doubt the examiner will admit to doing anything wrong.
Reply 29
Original post by ROG.
There is one more thing that ADI member Advisor has not mentioned ..

If your instructor is in the car then the examiner is LESS likely to be forgiving in a 50/50 situation because they will not want the ADI sitting in to make comments on it which could unintentionaly get the examiner into hot water with bosses
Actually, I'm not an ADI, although I've had extensive experience as one. You're right about off-the-cuff and inappropriate remarks by ADIs that have a knock-on effect with "chinese whispers" about similar incidents on future tests. It's these comments that start rumours about the test and examiners. Whichever way the examiner goes in a such a borderline situation, the examiner will be fully able to justify his decision.
(edited 10 years ago)
Reply 30
Hi everyone,

Please head over to my article as I am in a similar position of wondering whether to appeal or not. My instructor is the one who suggests it, while I’m debating whether it is a waste of time.

Your personal stories and advise would be appreciated!

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