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Can a supervisor of a learner driver be prosecuted??

117 replies

Correc · 18/12/2023 13:25

My friend wants me to supervise him driving to North Wales which is a 3 hour drive from our area. I am aware that learners must display L or D plates and must not drive on motorways. However if he decides to not use L/D plates or drives on a motorway, obviously there is nothing I can do to stop him. Can I as the supervisor be prosecuted for anything if he gets caught by the police?

OP posts:
BillStickersWillBeProsocuted · 18/12/2023 13:28

Surely you can just refuse to get in the car if it doesn't have L plates?

As for the motorway driving, I think all you can do is ask his what his pre-planned route is and make sure it doens't have any motorways on it, then complain loudly if he changes plan mid route.

Although it sounds like you're not very comfortable with it anyway? I don't think I'd do it unless I trusted the driver to follow my instructions.

easylikeasundaymorn · 18/12/2023 13:30

https://gogirl.co.uk/news-and-advice/supervising-learner-responsibilities/

This, and similar guidance by rac suggests the onus is on the learner for everything so no. But I agree with the pp, why are you even considering supervising someone for such a long journey anyway, and particularly if you don't seem to think they are going to drive legally. Just say no!

JanglyBeads · 18/12/2023 13:31

If you're supervising, you're the one in charge. The law is there for a reason.

Yes you could be prosecuted.

Interested in this thread?

Then you might like threads about this subject:

LyingLikeACheapCarpet · 18/12/2023 13:35

Are you insurance to drive his car?

Sirzy · 18/12/2023 13:35

If you have so little faith in him that you don’t trust him to stick to two of the basics of being a learner then I wouldn’t be agreeing to supervise him

purplecorkheart · 18/12/2023 13:35

I would say no. I am not from UK so cannot comment on whether you can be proscuted or not. I imagine you could be sued if someone is hurt in an accident though.

By the sounds of things you do not trust your friend to do the right thing so I would say no.

ProfessorInkling · 18/12/2023 13:36

Supervising means taking some responsibility and the learning deferring to you.

Why would you do this if you don't think that will happen?

JanglyBeads · 18/12/2023 13:39

Apologies, having googled it doesn't look like you could be prosecuted.

So the biggest risk for you is being party to in an accident, which of course could be a serious one.

MintJulia · 18/12/2023 13:40

If you are the supervisor and you allow him to drive on a motorway, you are both in breach and can be prosecuted. Plus he won't be insured while on the motorway.

Don't get involved OP, points on your licence will send your own insurance up. And it's not safe. He isn't experienced enough to drive in possibly poor weather, at high speed, on the busiest weekend of the year.

Don't be a fool. If he kills someone, how will you live with yourself?

123ZYX · 18/12/2023 13:42

If you're going anyway, why wouldn't you just drive?

Correc · 18/12/2023 13:44

Basically, he doesn’t want people to know that do is only provisional because he drives around in his own. He only told me recently, I was understanding as I know many people do it.

OP posts:
WheelySquirrel · 18/12/2023 13:46

So if he drives around on his own he’s not insured either (as any insurance would be invalidated by not having a supervisor with him) - I really wouldn’t be getting involved with this OP.

Doggymummar · 18/12/2023 13:46

What he is doing is illegal. Do not get involved.

AddictedtoCrunchies · 18/12/2023 13:48

Correc · 18/12/2023 13:44

Basically, he doesn’t want people to know that do is only provisional because he drives around in his own. He only told me recently, I was understanding as I know many people do it.

"Many people do it.." I must be naive because I've never known anyone do that. I'd run a mile. And probably report him/her. There's a reason we have a driving test....

MintJulia · 18/12/2023 13:48

Also bear in mind that if he is driving and you are supervising, it is illegal for you to use your mobile phone, take a nap or not wear glasses (if you need them).

Honestly Op, don't do it. Your friend is an idiot and I'd be distancing myself rapidly. All for the sake of his ego. What a prat !

Boomboom22 · 18/12/2023 13:50

Surely yes otherwise what are you supervising? And he can't drive on the motorway. And don't get in the with him without L plates and insurance. In fact I'd report him to the police. He cannot drive, he has not passed his test, him driving is worse than someone with a licence being very slightly over the drink driving limit I'd say, certainly legally, probably safety wise too.

Hedgehoglover · 18/12/2023 13:51

So you condone him driving effectively without insurance, because he wouldn't be covered in any accident situation. If you think his driving skills are up to it, tell him he has to avoid motorway, use L plates for most of journey and if he's abided by that, then you will let him pull over before you reach final destination and remove the plates just to save his male ego. But I think it is extremely mad and childish for you to agree to his terms. The longer you pander to him then he has no incentive to take his test.

notmorezoom · 18/12/2023 13:51

No L plates - don't get in the car.

Goes on to a motorway - tell him to pull over so you can swap and take over, or you're calling the police with his number plate.

But if you really think he'll do either of those, I wouldn't get in the car with him.

RedToothBrush · 18/12/2023 13:52

I would not supervisor a driver, I didn't trust to observe the basics of the law. I simply would not get in a car with them for my own safety.

I wouldn't be concerned about being prosecuted. I would be concerned about a serious accident involving myself or others, keeping in mind that if they are a learner driving on the motorway or without L plates won't be properly insured and thus thats a criminal act which would have a huge impact on others in the event of an incident.

I wouldn't enable such a dick who disregarded the safety and financial wellbeing of me or others.

notmorezoom · 18/12/2023 13:52

and he drives without a supervisor at other times? I'd be reporting him for that

RedToothBrush · 18/12/2023 13:53

Correc · 18/12/2023 13:44

Basically, he doesn’t want people to know that do is only provisional because he drives around in his own. He only told me recently, I was understanding as I know many people do it.

I'd be reporting him straight to the police. He's not licensed and he's not insured. He's not your friend.

WallaceinAnderland · 18/12/2023 13:54

If he has an accident, he won't be insured. Someone is going to suffer because of his selfish and illegal behaviour. Do the decent thing OP and report this loser.

OnOldOlympus · 18/12/2023 13:57

What everyone else said, this is nuts.

And just for future reference if you’re planning on breaking the law it’s best not to put it in writing on the internet 👍🏼

Reugny · 18/12/2023 13:57

I know a couple of people who has learners drove on their own. I only found out after they had passed their tests.

Anyway in regards to your male friend - I wouldn't supervise him I would just drive him as there are lots of reasonable excuses e.g. he's tired, he's hungover, he's ill - for why he hasn't driven up to Wales and you have done the driving instead.

I personally have driven men to events who either can't drive and/or don't have a car. It isn't a big deal especially as they can then drink alcohol and I can't.

One of my brothers' rarely drives if he is with his wife. His wife is teetotal and drives around the country on different roads as part of her work, so is a better driver.

akkakk · 18/12/2023 14:03

yes - if supervising a learner, you are responsible for everything that happens in the car - you can be prosecuted, you can receive points on your licence, you can go to jail - all depending on what the driver does. As mentioned above, you can't use a mobile, you have to be full on attention at all times, must wear your glasses, can't have taken drugs or drink...

i.e. all exactly the same as if you are the driver

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