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Driving Test: who has right of way? - Galad
Daughter has failed her driving test for the third time!! The Examiner failed her for 'hesitation' because an oncoming driver signalled for her to pass a parked car on her side of the road by flashing his headlights and she waited. The reason she waited was because one of her friends also failed her test because she chose to accept the other driver's invitation and move off in almost similar circumstances!

Question: does the Highway Code indicate anywhere that it is appropriate for a driver to make a manoevre when another driver flashes his lights? My understanding is that if I signal to another motorist in this way and an accident results then I could be held liable.

Driving Test: who has right of way? - Dwight Van Driver
Used to be simple to read the Highway Code on line but they have cocked it up and no longer user friendly.

Rule 163 give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road .

Sure it says something that one should not rely on lights signals to proceed but cannot npw find it in the new version.

dvd


Driving Test: who has right of way? - daveyjp
As your daughter and friend have found it's a 50/50 call. Unfortunately the fact that driving is an art and not a science means there are plenty of blurred edges and sometimes you get caught out. The driving test should allow those on test to explain what they are doing to help in alleviating issues such as this - at least it shows the driver is at least thinking:

"I'm waiting because the parked car is on my side. The other driver has flashed me, I know I should take this as a warning of his presence, but it appears he is letting me through so I will proceed with caution."
Driving Test: who has right of way? - commerdriver
They have messed the online HC up haven't they

found it eventually

Rule 111

Never assume that flashing headlights is a signal inviting you to proceed. Use your own judgement and proceed carefully.

The key is probably proceed carefully.

Edited by commerdriver on 20/03/2008 at 11:51

Driving Test: who has right of way? - FotheringtonThomas
They have messed the online HC up haven't they


Yes.

The key is probably proceed carefully.


I should think whether to accept the offer is also dependant on how close the oncoming car is.

On my car driving test, I was waiting to turn right, on a busy road, across oncoming traffic. In front of me, a car pulled out from a LH side road very smartly indeed into a small gap in the traffic and the driver then *stopped*, flashing his headlamps for me to cross over! The HGV driver behind him had to jack on the brakes, and judging by *his* flashing of lights & hooting, was not very happy. I crossed, explaining my action to the examiner, and also commenting on the "kindly" driver who'd just almost caused a crash. Did I *really* say that word (stupid -)? Yes! Passed, anyway.

Difficult. Talk and explain why you're doing it, you never know.
Driving Test: who has right of way? - Round The Bend
I don't believe that you will be failed on a single thing (unless it was a specific dangerous piece of driving). Generally, the examiner is looking for an overall level of competance and I guess your daughter did n't provide that. The example that you used was simply that, an example from the overall drive.

As similar incident cropped up on my test. Afterwards the examiner asked me what I should have done and I explained that I should have proceeded carefully etc etc. That seemed to satisfy him and I passed.

Driving Test: who has right of way? - zookeeper
oncoming driver signalled for her to pass a parked car..... flashing your lights is not a signal to pass , it only means i am here nothing more nothing less
Driving Test: who has right of way? - Bill Payer
That doesn't sound like a major point to me so there must have been a number of other issues.

In a similar vein, a friend's daughter was picked up for passing a line of parked cars in one go and not diving into the space between each one!
Driving Test: who has right of way? - FotheringtonThomas
I agree with this post.
Driving Test: who has right of way? - jc2
You do not fail on one item-unless that fault is extremely serious-as someone has already said,they are looking fo a general level of competence;you should ignore the other driver's signal and make your own decision and tell the examiner why if necessary.
Driving Test: who has right of way? - Bill Payer
I do think in the OP's case, though, the examiner was wrong.
Driving Test: who has right of way? - Alby Back
I know there is a huge difference in confidence levels between an experienced driver and a learner on their test so I appreciate that this might be difficult to do. However, I think it would be a good idea on her next test if faced with a similar situation to make a verbal commentary on her own decisions. For example " I can see that the oncoming driver intends to let me go first. I have made eye contact and am proceeding with care. "
Driving Test: who has right of way? - Cliff Pope
One of the most useful motoring tips I have heard is to practice speaking or muttering to yourself a commentary on what you are doing, hazards ahead, etc, as I believe is used in police training.
Perhaps something like that could be usefully incorporated into the driving test?
Driving Test: who has right of way? - Group B
I do think in the OP's case though the examiner was wrong.


Yes it sounds like she should have been given a bit of leeway, but difficult to say without knowing the exact circumstances.
And it sounds like the oncoming driver was stupid to signal her, if he had right of way he should have got on with it and passed without signalling.

I remember once on a driving lesson being signalled by another driver and when I waved thanks, I was told off by my instructor, and told to ignore such things while still a learner. That was not quite the same circumstances but it reminds me not to flash or wave at learners in case it is mis-interpreted.
Driving Test: who has right of way? - grumpy100
I remember once on a driving lesson being signalled by another driver and when I
waved thanks I was told off by my instructor and told to ignore such things
while still a learner. That was not quite the same circumstances but it reminds me
not to flash or wave at learners in case it is mis-interpreted.


Sounds like an instructor to avoid.
Driving Test: who has right of way? - jc2
Certainly on the HGV(LCV) test ,there were times ,for example,when the only way to get round a sharp and narrow corner was to run the trailer wheels over the kerb but you told the examiner what you were doing and he watched to see that you did it safely-ie.watch out for pedestrians and make full use of your mirrors.
Driving Test: who has right of way? - Bill Payer
run the trailer wheels over the kerb


I'm quite surprised that's considered to be OK.
Driving Test: who has right of way? - zookeeper
mounting the kerb is a fail , its for pedestrians
Driving Test: who has right of way? - Ben 10
When I took my LGV test, clipping the kerb was a fail.
Driving Test: who has right of way? - zookeeper
I',m not sure if talking or muttering to ones self during a driving test would win much favour with the examiner
Driving Test: who has right of way? - Group B
make a verbal commentary on her own decisions.


On my test I had to pull in at the kerb, and then move off again. But I reversed a few yards first, which alarmed the examiner. He asked what I was doing and I explained I had seen a broken bottle on the road (that he had not seen) so didnt want to drive over it. Which seemed to impress him!

Its lucky that he asked me why, because I wasn't going to explain it, so I could have come a cropper if I had not been queried on it. I should have explained what I was going to do first before doing it.

Driving Test: who has right of way? - jc2
Also on HGV test was asked to pull into side of road and stop;I drove for about a futher half-mile before stopping-examiner asked "why" and I told him I was looking for a place to stop without blocking a driveway-no problem.But would I have failed if I had blocked one??
Driving Test: who has right of way? - Cliff Pope
I' m not sure if talking or muttering to ones self during a driving test
would win much favour with the examiner


No, I didn't mean that. I meant something like the way they apparently teach police drivers. The tester would say at some point, I'd now like you to do a commentary , so you would do just that, reporting on speed, gear, indicator, other cars, signals, signs, etc.

Try it to yourself some time. It does make you think constructively and be more aware - what am I doing, why am I in this or that gear, what might that car in the side road be about to do. Slightly reminiscent of a bomb disposal expert outlining what he is about to do for the benefit of posterity
Driving Test: who has right of way? - grumpy100
I do think in the OP's case though the examiner was wrong.

>>

Bill Payer, how can you say that. Your knowledge of this test is limited to a few lines of text from an interested and biased party. The examiner is unbiased and watched the candidate's driving for 40 minutes or so before reaching a decision.

What has not been said is what effect the candidate's hsitancy when offered the opportunity to go and refusing to take it caused. It may be that a line of traffic was needlessly held up behind as a result, in which case it very definately should be marked as a serious fault.

How many of you have been sat behind a learner who has not gone when they should have, and cursed them for it. In today's traffic it is important that drivers are able to read the situation correctly and make progress when they can.
Driving Test: who has right of way? - Galad
>What has not been said is what effect the candidate's hsitancy when offered the opportunity to go and refusing to take it caused. It may be that a line of traffic was needlessly held up behind as a result, in which case it very definately should be marked as a serious fault>

As I indicated above the Examiner failed my daughter because she elected to wait after the oncoming driver flashed his lights for her to pass the parked car which was on her side of the road. This, in his view, was 'hesitation' and constituted a 'major' error resulting in immediate failure (the incident occurred at the start of the test). I believe he acted unreasonably and according to my daughter's driving instructor Examiners are ambiguous on this matter. I repeat that one of my daughter's friends failed because she moved off when an oncoming driver flashed his lights in very simila circumstances.

I for one would like some clarity on the issue as the retests are eating into my daughter's hard-earned savings. I've been driving 33 years and in my view she is a competent driver with the backing of 20 formal lessons and hundreds of miles practice in the full range of road conditions (Mways excepted).



Driving Test: who has right of way? - jmaccyd
As someone else has said, the examiner, an impartial judge of your daughters driving, using a strict set of criteria with full training from the DSA has made a judgement on that incident that it constituted a major fault.

To be frank, I have no concern as a road user of what the financial costs are to your daughter of her not reaching the required standards of driving. Surely, the costs of not reaching the required standard could be lot more than monetary.

As an ex driving instructor myself I would say twenty formal lessons is actual the bare minimium required, even with the back up of additional milage, and would perhaps suggest the previous test failures are due to the fact that she took the tests too early ( a common and understandable problem due to peer pressure and the desire to drive) As for you think her driving is competent, of course you do- your her proud parent! The worst judge of a person's readiness to take a test, in my years as an instructor, the parent!

If you are that unhappy about the result there is a appeal process. If she has failed three tests with the same instructor than I would suggest trying another instructor, particularly if she is failing on the same sort of things. A fresh set of eyes on what your daughter is doing might help.
Driving Test: who has right of way? - Bill Payer
>>
I believe he acted unreasonably and according to my daughter's driving instructor
Examiners are ambiguous on this matter.


If she would have otherwise passed then I guess you could appeal. May be worth writing and asking for clarification (although you already know how it should be - the issue is the inconsistent application).

The whole testing thing seems very random. Both my girls failed first time and both were perfectly competent drivers. Their instructor said he tries not to think about it as it just makes him angry.

When my older daughter did her first test, the instructor had put 6 kids through over a 2 week period, and the results were the exact opposite of what he expected - with 3 fails and 3 passes. One of the girls we know well is lovely but a complete airhead and she sailed though first time. She has had several bumps (nothing serious, thankfully ) since.

Edited by Webmaster on 21/03/2008 at 21:30

Driving Test: who has right of way? - jmaccyd
Indeed, it can be frustrating as an instructor as I used to see some really good drivers fail and some I was a lot less sure of pass. That is the nature of tests though, some people respond well to the pressure of testing and lift their game, others feel more inhibited and tend to drive differently when on test. However competent a driver pink fluffy dice happens! You can not cover all the situations that can happen on a test and therefore when a 'situation' develops the learner may not respond correctly.

I have to say though, in my expreience, that generally those who where competent to pass did so (with the odd exception) and those that where borderline or I was less sure of generally failed (with the odd excepetion) Testing is a random process in that each test contains a different set of variables that would be impossible to replicate. What is not random though is the marking guidelines and procedures that the examiners follow. That is the method of ensuring a 'fair test' as each person tested, regardless of location, is being checked against fixed standards.

Edited by Webmaster on 21/03/2008 at 21:30

Driving Test: who has right of way? - Bill Payer
Bill Payer how can you say that. Your knowledge of this test is limited to
a few lines of text from an interested and biased party.


Clearly one can only comment based on the information presented, and the responses have to be taken in that context.

If the information is incomplete, or even plum wrong, then the responses will also be wrong.
Driving Test: who has right of way? - Robin Reliant
Reading the OP I can take a fair guess at what happened, bearing in mind that I was not there, like everyone else here.

The oncoming driver flashed his lights, she correctly took no notice and waited as the flash itself has no meaning, but the other driver then came to a stop and made it obvious that he was giving her priority. If the examiner felt that the oncoming drivers intentions were clear and a competent driver should have no trouble in recognising that he would quite correctly fail her.

It is dangerous to go by the word of a test candidate as to what happened on the test, I sat in the back of the car on many occassions while pupils were on test and afterwards their version of what actually happened bore no resmblance to the actual drive.

BTW,

In this particular case the candidate HAS NO GROUNDS FOR APPEAL. An appeal can only be made if the test was not conducted in accordance with the nescessary act, in which case a free retest will be given. An examiners decision cannot be overturned in any circumstances, even by a court of law.

Edited by Robin Reliant on 21/03/2008 at 19:53