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Here it is.
If, while on a driving test, the student speeds past a traffic camera say doing 40 in a 30 zone and gets flashed, who has the responsibility of paying the ticket??
The Examiner? They after all are the 'responsible person' in the car.
The Student? They after all are in control of the car.
The Driving School / Teacher? The car is after all registered to them.
I don't know why I thought of this question - it just appeared from nowhere!
Is that right though??In essence they are still learning, as they haven't got a full licence yet.
Surely it would be down to the examiner to control the student.
Would the student still be fined if on a lesson??
Seems a bit harsh!
The examiner is merely there to either pass or fail the driver, he is not responsible for any driving offence that the driver does.
The only time that it would apply is if he knowingly allows some one to continue driving who he believes to be unsafe behind the wheel of a car.
If that happens he will tell the driver to stop and get out of the car and wait until someone who is a qualified driver can pick up the car, the examiner will then make his own way back to the test centre.
Even on a lesson it is the driver who gets the points and fine.
OK, assuming the car is registered to the person teaching the student......
The fine would come popping on to the doormat of the teacher surely??
If you own your car and your wife or another relative gets a ticket or whatever for a driving offence in your car. Who would pay the fine then? Simple... the offending driver.
But thats my point. In the situation you mention there Bingalau, of course the offending driver would do, as I did in my step dad's motor many years ago.
If the person who is teaching the student fails to notice that the student is going over the limit, surely it is the fault of the teacher??
As BT the driver is responsible.
The examiner is there to determine if the learner is capable of driving they have no control over the car and can only ask the driver to stop.
The Driving School/Instructor will originally get the ticket as the car is registered to them.
I could be wrong but I think all learner cars are now fitted with duel controlled. If the person was being taught how to drive the instructor would be just as liable for the fine having full control of the car.
I'm not sure, but it's an interesting point, and I'm sure there is a definitive answer. I do seem to remember that there are some offences that, under normal conditions, only the driver is responsible for, where both a learner driver and his "full" companion would both be culpable. I vaguely think this was brought up when driving without a seatbelt was introduced, and that if either failed to wear a belt, both would be fined... but I'm stretching the boundary between memory and imagination there.
Surely, not all learner cars are fitted with dual controls, in that one can still teach ones own spawn to drive, can't one? Spawnless, so no personal knowledge there.
OK, if I take my other half out who has only a provisional driving licence for a bit of a lesson in the car and a ticket is acquired, it is me who will get the ticket and the subsequent fine.
The car is registered to me and I would consider myself 'responsible' for the safe driving of it.
If however my sister, who has a full driving licence, was driving it even with me in it as a passenger, I would still receive the ticket and fine. I would however expect her to pay it, as she is fully capable in the eyes of the law to drive a vehicle.
I think all qualified instructors must use dual controls (They would be very foolish not to do so). Any unqualified person teaching their offspring to drive without dual controls is acting very stupidly these days too.
I was qualified to teach but gave it up because of my realisation that age was creeping up on me many years ago. Recently my grand-daughter asked me to accompany her and give her advice. I have refused until she has passed her test, (no dual controls in my car) then I will accompany her and perhaps be able to advise her on some aspects of motorway driving etc. Incidentally I did contribute to-wards her driving lessons. Expensive these days aren't they?
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