Appealing a driving test.

[Nikki*]

Right, basically, I've failed my driving test, and want to appeal that the test was not conducted properly, or fairly. (Which I've also been advised by two instructors to do)

I've read the sheet they've given me, and it says I need to apply to a "Magistrate's Court acting for the Petty Sessions Area in which you reside". I don't really know what this means, if I'm honest, and I doubt my mum will either. How would we go about doing this?

[Fiend_85]

Talk to your CAB.

What makes you think it was unfair?

[Nikki*]

Talk to your CAB.

........... Umm....:confused: Citizens Advice Bureau maybe? How would I go about that?

What makes you think it was unfair?

Four things:

First - I got 1 major for reversing "too slow" when doing my reverse round a corner. I was a perfectly fine distance away from the kerb (I have no minors for the manouveure, so I assume everything like my checks were fine), and I hadn't actually completed the manouveure (still half way around the corner) when she made me stop and drive on.

Second - I got a major for being in the left hand lane of a roundabout to go "straight ahead". It's a funny roundabout, because it's on a motorway junction, but I was taking the second exit and the first was the motorway anyway. But I still believe (as does my instructor) I should have been in the left hand lane.

Third - While driving, she asked me "Are you nervous?". When I said yes, she commented "Perhaps you've put in for your test too early then", in a rather bitter tone, which made me feel worse tbh.

Fourth - When I double checked I'd heard her instruction correctly at a roundabout, she cut me short and responded (quite snappily) with "Well count the exits, even if a person does not know this area they can still pass their test here!"

I understand that appealing doesn't change the test result, but I feel really upset, and both my instructor, and another instructor at the test centre who he knows are quite amazed atthis reasoning.

[Fiend_85]

Yeah Citizens Advice Bureau, you should be able to just walk in and explain the situation to someone there.

Kermit will spot this thread in a mo and add on if I've missed anything.

[Kermit]

You can only appeal the driving test if you can prove that the test was not conducted according to the regulations- e.g if the examiner was racist or abusive. You cannot appeal any decision made by the examiner. A lot of it depends on what she marked on the card, especially as she is likely to be believed ahead of you.

You should really speak to the Citizens Advice Bureau about pursuing the appeal, and they will be able to help you with the court paperwork.

I personally wouldn't bother, but at the same time that is how incompetent examiners keep their jobs. Many of her decisions seem to be judgement-based, and her judgement is not appealable.

[Nikki*]

You can only appeal the driving test if you can prove that the test was not conducted according to the regulations- e.g if the examiner was racist or abusive. You cannot appeal any decision made by the examiner.



That's what I would call it tbh, I felt picked on and upset by her. I'm definetely not retaking my test at that test centre. I'll speak to the CAB tomorrow (just had a look and they're not open today by the time my mum gets back) and see what they say :)

[Jim V]

If the issue was with the treatment, rather than hoping to change the result, would it maybe be more appropriate to make a complaint rather than an appeal and see how that proceeds?

[Nikki*]

That's what I thought, but according to the sheet thats the only way I can do it... I'm not really sure though, but I know my instructor was adamant I should make some form of complaint.

[Kermit]

To be honest the decision won't be changed to a pass, as the DSA rely on the examiner's judgement, and the most you would realistically get is a removal of the fail and a refund of the fee.

As Jim V says, making an official complaint against the examiner is likely to reap more rewards.

The DSA, as a Government agency, have to have a complaints procedure. Give them a call and find out what it is.

[Nikki*]

To be honest the decision won't be changed to a pass, as the DSA rely on the examiner's judgement, and the most you would realistically get is a removal of the fail and a refund of the fee.


I know that, even though I feel I shouldn't of failed, I'm willing to take the test again, but the likelyhood of it being at that test centre is slim, because I find the reasons I've failed unfair, especially the reverse around a corner, as I wasn't even able to complete the manouveure.

As Jim V says, making an official complaint against the examiner is likely to reap more rewards.

How would I go about this then? It gives no information on this that I can find.

[Kermit]

DSA customer services: 0115 901 2500

[Jim V]

I would simply start by contacting the centre directly to make a complaint - that should start an offical complaint proceedure.

[Nikki*]

Thanks :) Sorry to sound completely dense, I just really have no idea when it comes to official things, and the sheet made it sound really hard. Thing is, I agree with the amount of minors she's given me - I can say what it was I did to get each of them, but the majors just seem really ridiculous. I'll call that number and go from there I think.

[ShyBoy]

Good luck, I hate poor 'service' whether it's from the government or a restaurant or a business. I always remember to complain formally, not having a major go just saying 'wasn't satisfied with the service' to them. 9 times out of 10 they'll ignore you completely (wont respond to correspondence) and the last time they will say 'thankyou for your feedback'.

Except if you go to a good local restaurant, then they'll give you a free dessert or something, but generally the service is normally tip top :)

As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p

[Nikki*]

As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p

EX-BLOODY-ACTLY! I was the only bloody car on my junction, I went into the left hand lane, gave way to the right, waited for them, then set off around the roundabout, exactly as I've been taught.

Ahh I've rang that number anyway, and they've given me an email address to contact. I'm going to email them now, but I've been told to include her name, obviously. Her name is Val, but on my copy of the report her surname isn't clear, it looks like "Battison" though I can't be sure.

They're likely to have a record of the test though and which examiner took it if I give all other details, and explain I can't read the name clearly though, right?

[Lil Laura]

Good luck, hope you get some kind of result. I've no advice at all, but I had a similar experience in a driving test so I know how upsetting it is and how much it can shake you up. So yeah, hope you get a result from it. :)

[Skive]

As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts.

Many left hand lanes aproaching roundabouts are left turn only. If this were the case at this particualr roundabout then it would be a major fault.

[Nikki*]

Many left hand lanes aproaching roundabouts are left turn only. If this were the case at this particualr roundabout then it would be a major fault.

It wasn't the case, as the left hand turn is the motorway junction, and there is another, which you would use the right hand lane for probably(wouldn't know as I've obviously never driven on the motorway). I've gone the same way on a previous test and wasn't marked down on it then.

[Skive]

It's all to do with the road markings. You can't just assume that to go straight on you need the left hand lane.

Most of the time the left hand lane is for turing left and goign straight on, with the right hand lane being for exits further round.
Sometimes though, the left hand lane is for turing left only and the right hand lane for going straight on and any other exit.

[Nikki*]

It's all to do with the road markings. You can't just assume that to go straight on you need the left hand lane.

Most of the time the left hand lane is for turing left and goign straight on, with the right hand lane being for exits further round.
Sometimes though, the left hand lane is for turing left only and the right hand lane for going straight on and any other exit.
Yeah I know. Wasn't arguing, just pointing out that wasn't the case at this roundabout.

[Scary Monster]

You can only appeal a driving test if it wasn't carried out in accordance to the rules, if they took you onto a motorway or something like that, or the examiner was abusive or racist BUT that doesn't mean that you can appeal it because they weren't a nice person. The kind of abuse you need is the sort you'd make a complaint to the police about.

You seem to have been having lots of problems with driving tests, maybe it would be worth having your driving instructor sit in on the next one.

It sounds like you're not in a position to appeal the result and ask for a retest but you'd be best making a complaint. Sorry.

[kangoo]

As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p

Except when the left hand lane is dedicated first exit only which is what I failed my test on :rolleyes: Oops

[Nikki*]

It sounds like you're not in a position to appeal the result and ask for a retest but you'd be best making a complaint. Sorry.

I did mention that thats what I've done now. I'm not expecting a retest, or a change in the verdict, I just felt very bullied and that I shouldn't of failed for things I've done perfectly the same and not been marked down on on previous tests.

It's not just a sulky thing because I haven't passed - I've failed 5 times before this, and I can accept why, but with this I truly feel I didn't deserve to fail and I don't appriciate being shouted at on test.

[ShyBoy]

Except when the left hand lane is dedicated first exit only which is what I failed my test on :rolleyes: Oops

But then it wouldn't be 'the most left hand lane possible', as I stated. (Just trying to prove I'm not an idiot)

[Mist]

I did mention that thats what I've done now. I'm not expecting a retest, or a change in the verdict, I just felt very bullied and that I shouldn't of failed for things I've done perfectly the same and not been marked down on on previous tests.

It's not just a sulky thing because I haven't passed - I've failed 5 times before this, and I can accept why, but with this I truly feel I didn't deserve to fail and I don't appriciate being shouted at on test.


Hmm. Really I think that the balance of evidence is against you winning an appeal, really. But go ahead and try if you think it will help. I think it's fairly likely that, in the stressful situation of the test, you interpreted the examiners remarks more harshly than they may have been intended.

Also I'm not sure that it follows that you shouldn't be marked down for something in one test when you haven't been marked for it before, because it can vary depending on what is happening on the roads.

I suggest that you stick at the same test centre, because otherwise you will be taking your test on less familiar routes.

[I'm With Stupid]

My driving instructor was telling me that he appealed a fail once on the grounds that the examiner refused to help adjust the wing mirrors (back in the day before they were electric). According to the rules, they are required to assist you in certain aspects, and his complaint was upheld. I think they got to retake the test for free.

[ShyBoy]

"Perhaps you're not ready to take your test then."

Is completely unprofessional of an examiner to say.

[kangoo]

But then it wouldn't be 'the most left hand lane possible', as I stated. (Just trying to prove I'm not an idiot)

haha I know I was totally wrong

[Randomgirl]

No advice from me but I just wanted to say I was really sorry to hear what happened. My own experience of doing the driving test was completely different, the examiner did everything he could to put me at ease so I could drive without being too nervous and it really helped me to drive well enough to pass.

[mrbox99]

No advice from me but I just wanted to say I was really sorry to hear what happened. My own experience of doing the driving test was completely different, the examiner did everything he could to put me at ease so I could drive without being too nervous and it really helped me to drive well enough to pass.

I was completely the opposite for my driving test, I had 3 bad experiences. I just find the examiner puts the atmosphere at a level that rises the tension greatly. I was very, very nervous taking all 3 of the driving tests and the nerves grew for each 1 as i failed each 1. I found that the examiners did nothing to help ease the nerves for me and I felt that they were consistently 'looking' for any error they could find. I would try to make conversation but it would just end abruptly or I would have to stop talking to concentrate.

When I take my test again I am going to have to do something to help with the nerves, one friend advised a hypnotist helped his nerves. I am going to try again once university is finished and I actually have a bank statement that reads "credit" instead of "debit".

[I'm With Stupid]

I found that the examiners did nothing to help ease the nerves for me and I felt that they were consistently 'looking' for any error they could find.
To be fair, they were. It's their job.

[Mist]

To be fair, they were. It's their job.

Indeed. And, more importantly, it's not their job to "put you at ease". Whilst they should maintain some degree of professionalism - and so not be insulting - they are not there to nurse you through the test.

[Nikki*]

"Perhaps you're not ready to take your test then."

Is completely unprofessional of an examiner to say.

I thought so too.

I've discovered today though, that two other people (a girl at college, and someone she knows) have complained about this same examiner, for being rude and shouting (as she did actually raise her voice and "tell me off" it's very unlikely I could of imagined it) and I've also spoke to another friend, who's mum is a driving instructor, and she has also complained about her failing people for reasons that make no sense.

She also says that I was completely right in what I did at the roundabout, and that I shouldn't have been stopped halfway through a manouveure, and that unless I was hardly moving, I shouldn'tbe failed for going "too slow" when reversing. So that's three ADI's on my side now.

[Nikki*]

I suggest that you stick at the same test centre, because otherwise you will be taking your test on less familiar routes.
Tbh, I'd rather do a few lessons in Cannock (where my instructor also teaches) and take my test there. I'm really not impressed with how I was treated at my local one.

[Scary Monster]

There's no massive problem in doing it somewhere you don't know that well, in fact you'll probably drive 'properly' rather than realistically there if the only driving you've done there is to practise for your test.

I got a tosser of an examiner at my local centre and switched to a different one, which suited me a lot better. Sadly the examiner is perfectly entitled to tell you off and make recommendations about your driving, like you being really nervous so possibly not ready. I'm not saying you weren't ready, but it is a reasonable thought process, if you were completely ready then plenty of people would think that there is no reason to be nervous (these people fail to remember that lots of people find tests of any sort unnerving).

[Dobbin]

That's what I would call it tbh, I felt picked on and upset by her. I'm definetely not retaking my test at that test centre. I'll speak to the CAB tomorrow (just had a look and they're not open today by the time my mum gets back) and see what they say :)

My instructor advised me that should I fail my test (i was paranoid), the answer was to retake and ask for your instructor to accompany you. You're instructor is allowed to sit in the back seat, they won't be able to say anything to you during the test but they can make notes as to what you or the examiner has done/said. My boyfriend felt he was failed unfairly and had his instructor with him the next time. I think it makes the examiners behave a bit more nicely as it sounds like yours was taking her pmt out on you! Best of luck xXx

[Nikki*]

Thanks Dobbin. I have had my instructor with me on previous tests, but to be honest... it's a small car (Mini) for a tall bloke to be scrunched up in theback seat, and I just felt like I was being tested twice over.

[ShyBoy]

I think there is a time limit in manouvres, but it's something silly like 5 minutes. I can't remember exactly. But maybe she had decided 'I'm gonna fail this girl so there's no point'. Which is wrong.

By all means make a complaint :) it's not fair to treat you like that. Even if they do nothing, they have a duty to 'file' it, so if in the future she gets accused of shouting at someone and gets brought up in a tribunal or something (i honestly don't know how it works) then they have a record of her being rude and unprofessional to exam candidates.

Being cynical, examiners can get in trouble if they pass or fail too many people, so if they've passed a lot they *might* try and fail you for something in order to keep the numbers happy. But normally doesn't occur these days (did in the 'olden days' apparently though... :p).

Good luck with everything and the next driving test :)

[Earl Purple]

As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p

That is a load of nonsense.

I'll let you read here how you should approach a roundabout and what you should do on it.

http://www.highwaycode.gov.uk/17.htm#160

This section makes is slightly ambiguous which lane to join when you take an intermediate exit, eg the second:

When taking any intermediate exit
select the appropriate lane on approach to and on the roundabout, signalling as necessary
stay in this lane until you need to alter course to exit the roundabout
signal left after you have passed the exit before the one you want.

It may well depend on the road markings or any signs prior to the roundabout.

[ShyBoy]

That is a load of nonsense.

Actually, it isn't :confused:. The highway code does say that you usually travel in the left-most lane, and the other lanes are for overtaking. At junctions you do select the appropriate lane, but if there are two lanes (think of a motorway diverging) then go in the left-most lane (even if it's the middle lane) so faster moving traffic can pass on the right.

I may not be 100% correct, but it's far from a load of nonsense. A good example of nonsense: "it's best to reverse round a roundabout with your hazard lights on, whilst singing 'come on eileen'.

This section makes is slightly ambiguous which lane to join when you take an intermediate exit, eg the second:

It may well depend on the road markings or any signs prior to the roundabout.

So it depends on the road markings.

If there are two lanes, one with the road marking forward and left, and one with forward and right, you take the left lane usually by default for the second junction, as this minimises the risk that a car in the left lane will try and continue on to the third junction with you in the right lane.

[ruby_soho]

How did it go in the end, have you lodged a complaint?

[Nikki*]

How did it go in the end, have you lodged a complaint?

I have. I've recieved something saying that they're "looking into my problem" (yes, of course :rolleyes: ) and they'll email me an official response within ten days.

That was Monday, so I'm not holding out for anything any time soon. I can't book another test just yet anyway, so I'm just going to wait patiently.

[Click to see more]

Which roundabout was it, Nik? Was it in Stafford?

[Nikki*]

Which roundabout was it, Nik? Was it in Stafford?

Going up Eccleshall road towards the motorway, and I needed to go into Creswell. Straight ahead, left hand lane :mad: I'd done it on my pretest about 20 minutes before haha.

[Click to see more]

Yeah, you'd be fine using the left-hand lane there. There isn't any markings to dictate otherwish. On a roundabout of that size, personally, I'd hang in the right-hand lane - but the highway code says the left-hand lane is for turning left and going straight-ahead unless directed otherwise, which means you were doing it by the book.

Definitely worth disputing that point at least :).

[jenni30]

yeah, you will not be able to change the result. Youre definately better off going for a complaint. Ur story made me angry thats really harsh she should be punished for that.

Good Luck