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Old 03-07-2007, 07:35 AM   #1
sitescools

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Default Driving Tests...appealing against result (UK)
So someone I know didnt pass his driving test...

He failed because he was travelling 60mph in a 70mph zone.

He says that he was travelling at 60mph because he didnt think it was safe to go any faster due to breaking distance and other stuff.

The overall result of the test was 2 minors and 1 major (the speed thing above)

I think that this reason for failing isn't fair and that there should be consideration for when it may not be safe to travel at the set limits. Because of course there will be times like that when on the road you will need to slow down for whatever reason.

Anyway, point is, I have suggested that there maybe grounds for complaint against this particular fail, seeing as the rest of the driving was of good standard (only 2 minors).

Just wanted to get some opinions on this [help]

Do you think there could be grounds for appeal at all?
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Old 03-07-2007, 07:39 AM   #2
Fellionas

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Unless it was raining, snowing, icy roads or low visibility, your friend is a pussy and thus shouldn't be allowed near a motorway.
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Old 03-07-2007, 07:41 AM   #3
sitescools

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Unless it was raining, snowing, icy roads or low visibility, your friend is a pussy and thus shouldn't be allowed near a motorway.
Yes but, he needed to turn left after a speed change from 50 into 70 before he needed to turn off....
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Old 03-07-2007, 07:42 AM   #4
JaK_MarkoV_Pi

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I'm pretty sure for that part of the test you just need to make sure you're going at 55-60 so the examiner knows you can handle a vehicle at 'high speed'. You shouldn't need to hit 70 if you feel there is no need to.
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Old 03-07-2007, 07:46 AM   #5
Fellionas

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Yes but, he needed to turn left after a speed change from 50 into 70 before he needed to turn off....
It means he was afraid to go from 70mph back to 50mph then, which is something that can be done with just throttle control. I'm still sticking to your friend not having enough balls.
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Old 03-07-2007, 03:18 PM   #6
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What were the other 2 minors for? As a hunch maybe one of them was for use of inappropriate speed. Going 60 in a 70 doesn't really sound grounds for failure unless they showed inappropriate speed on another occasion or maybe if it was a long stretch of 70 with no clear reason not to go at 70. Multiple minors in the same area is grounds for failure as it shows a problem in that area.

Going significantly slower than the flow of traffic is also dangerous due to everyone going at normal speed having to try and avoid you.
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Old 03-07-2007, 03:24 PM   #7
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Oh well your friend has just been added to the % of drivers that are failed daily regardless of how they drive!
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Old 03-07-2007, 04:14 PM   #8
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On the face of it, it would seem he (you?) were unfairly penalised as it's a maximum speed and 60 mph is a fair compromise for a learner. However, if the rest of the traffic was travelling at 70mph, and he was holding up traffic behind him, the examiner may have a slight point - certainly not worth a fail, though, IMO.
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Old 03-07-2007, 06:10 PM   #9
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I failed my first test for driving too slow on a dual carriage way too... He noticed that I did this the first time, so he took me back onto the same road again, so he would have enough points to fail me, the *******. It's stupid cos if it wasn't for the fact that I was doing my driving test there was no way I would have driven that slowly on that road...
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Old 03-07-2007, 06:11 PM   #10
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I'm pretty sure for that part of the test you just need to make sure you're going at 55-60 so the examiner knows you can handle a vehicle at 'high speed'. You shouldn't need to hit 70 if you feel there is no need to.
The fastest i went was 50 in a 70 zone. It was pretty wet and i thought he'd fail me for unsafe driving cos i was a learner (nervous...1st test) if i went 60-70.

Even i passed with. He told me at the end that i could have gone fast er to which i explained why i was going 50 and would have happily gone 120 if he'd have let me... Not in those words though....[thumbup]


Anyway....i reckon you should deffo file an appeal. 60 in a 70 zone is perfectly fine.
The only reason he failed your friend was because that very morning his wife left him for another man....another man with a bigger penis.
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Old 03-07-2007, 06:15 PM   #11
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He could appeal, but is highly unlikely to win. When questioned, the examiner will simply give more detail about why he felt your friend should not have passed, - its his word against your friend - and the examiner is the one with the relevant experience, skills and judgement in the matter.

Is it fair? Probably not.

Will your friend win any appeal? Probably not.
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Old 03-07-2007, 06:20 PM   #12
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doubt it will make a lot of difference tbh, at the end of the day you are supposed to drive to the conditions as well as the speed limit.

if it was a 70 and there was no other reason for him doing that speed, then he was driving too slow for the conditions. ok it was harsh as a major but at the end of the day you cannot drive slow for no reason
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Old 03-07-2007, 06:38 PM   #13
Nadin Maison

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doubt it will make a lot of difference tbh, at the end of the day you are supposed to drive to the conditions as well as the speed limit.

if it was a 70 and there was no other reason for him doing that speed, then he was driving too slow for the conditions. ok it was harsh as a major but at the end of the day you cannot drive slow for no reason
Slow? Ha, the open road/motorway speed limit down here is 60mph (well, 100kph/62mph) and it is VERY strictly enforced.
Of course, things like tailgating, overtaking on the left (which is LEGAL!), running red lights, faulty lights, worn tyres, not keeping left, changing lanes without indicating - and the like, are largely ignored.
Drink driving and/or driving while disqualified will just get you a fine/periodic detention/ further disqualification. Some people have over a dozen offences and STILL not having any jail time!

Of course, it would help if they had a proper driving test, rather than a few questions and a drive round the block.
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Old 03-07-2007, 08:06 PM   #14
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Oh well your friend has just been added to the % of drivers that are failed daily regardless of how they drive!
I'm assuming you meant this in jest?
If not - then really, stop talking bollocks.
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Old 03-07-2007, 08:09 PM   #15
immewaycypef

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doing 60 in a 70 shouldnt be a fail in my opinion.
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Old 03-07-2007, 08:10 PM   #16
Usogwdkb

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I think there is a lot more to the story of why the "friend of the OP" failed his driving test.
Driver was travelling at 60mph on a dual-carriageway grounds for failing alone - I think the full reason needs to be found.
Maybe the friend of the OP needs to elaborate on what happened during his test.

Sounds more like a "Damn, I failed my test, must make it look like somebody else's fault other than the fact I simply wasn't good enough" kind of excuse.
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Old 03-07-2007, 08:14 PM   #17
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the end of the day yes you are nervous, i was but i still did 70 on the dual carrage way
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Old 03-07-2007, 08:16 PM   #18
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Oh well your friend has just been added to the % of drivers that are failed daily regardless of how they drive!
Aint that the truth.

You can always pick a fault in how someone drives, jesus you could fail Tif Needel if you were feeling particuarly pedantic or had quotas to fill.

And as for challenging the outcome, you have a 99.99999% chance of failure and a 100% chance of pissing off any Examiners you might have in the future, providing you use the same test centre.

I actually got banned from my local test centre for my Motorbike test because I flipped out at the Examiner and tried to fight him; I was so incensed by his outrageous decision and the fact he could not back up his comments, I lashed out when he said "Well it doesn't matter anyway because my decision is final"

I was the running joke at the Bike Training School and when I went for my test in another centre they said "We've managed to get you another Examiner and this one is definately not a *******, I've met his Dad"

:-)
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Old 03-07-2007, 08:19 PM   #19
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I'm assuming you meant this in jest?
If not - then really, stop talking bollocks.
Having taken the DSA Class A, Class B & Class C Tests, both Practical and Theory and being friends with a number of Instructors {biking} I might suggest it is you who are speaking bollocks.
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Old 03-07-2007, 08:44 PM   #20
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Simple answer - confidence. If you can't show you can travel towards the limit (obviously not over it), then quite simply not a pass IMO. I know several people who might be afraid to even take on the motorway after they've passed - not good news if you ask me, otherwise you'll never get on it.

I'd admit i was travelling around 60 on a 70mph dual carriageway on my driving test, but the simple answer was because it was pissing it down with rain (very heavy) and rather dark too.

At the end of the day, it might sound harsh, but if I was following someone doing 60 in a 70 zone when it's very safe to do the limit, that really irritates me - something I see fairly often around here. [thumbdown] You can imagine how much it'll irritate alot of other drivers.
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