March 19, 2009

Learner Driver Wins Driving Test Fail Case

A women learner driver is believed to have become the first person in Northern Ireland to challenge her driving test result in court and win.

Her instructor, Jim Miskimmin, said the women failed over what lane she should have been in at one stage of the test in Downpatrick.

Mr Miskimmin advised her to take the case to court and the DVLA admitting liability and refunded her test fee.

By this stage the women had already resat her test-and passed.

Mr Miskimmin said he knew of other people who had failed their tests for the same reason.“I know of others and I’ve spoken to others since that and the same thing has happened to them, but they have just let it go”

Simon Bush of Britannia Driving School said: “Circumstances in which the result of a driving test can be challenged are relatively narrow and relate solely to the proper conduct of the test and not to the examiners’ discretion in assessing the standard of the candidates driving. No court can reverse a driving examiners decision to fail a candidate; the most a candidate can hope for is a refund of the driving test fee if they are successful in court.”

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