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Teenagers

Parenting teenagers has its ups and downs. Get advice from Mumsnetters here.

Original poster

Driving test instant fail - dent in car

128 replies

Drivingt3ster · 06/11/2021 13:14

God I feel awful.
Ds18 driving test yesterday, a few months ago I dented his car just above the wheel and can't afford to fix it atm Blush (obvs we have insurance but I can't afford the excess). Instructor agreed that it should be fine for him to do the test in it as only cosmetic, wheel not damaged an doesn't affect the working of the vehicle.

Went to driving test and the examiner said he couldn't take him out. Initially said it would be mot fail, but went on to agree it was cosmetic damage but still withheld that he 'wouldn't drive his own car around like that' as 'wheel was exposed' and wouldn't do the test. (I'm not the most technical about cars, but aren't all wheels exposed? Wink Hmm)

I feel so upset for ds, 3rd test and he finally felt confident about it. Now looking at having to wait until April.

Ds inconsolable still, not sure what to do to help him, ideas please :(
Also, just out of interest do you think the examiner was right?

OP posts:
girlmom21 · 06/11/2021 18:42

[quote MyDcAreMarvel]**@Derbee* But the OP hasn’t fixed the car, and isn’t paying for weekly lessons either.* her son will need the lessons though. He can’t just stop driving until his test.[/quote]
Well he can if he's got a legally roadworthy, insured car to practice in with his parents

BoredZelda · 06/11/2021 19:05

and has been using his car in the last couple lessons he did have, so isn't really used to it

It’s still a car, isn’t it? If he can’t drive an unfamiliar car, he isn’t ready to take his test.

Lockdownbear · 06/11/2021 19:10

If the car isn't road legal with the tread of the wheel fully covered, it needs fixed regardless of driving test or lessons.

Would Op feel confident she could argue the car is safe in court, or would she be accepting the police fine & points if she was stopped.?

GreyhoundG1rl · 06/11/2021 19:11

@BoredZelda

and has been using his car in the last couple lessons he did have, so isn't really used to it

It’s still a car, isn’t it? If he can’t drive an unfamiliar car, he isn’t ready to take his test.

Well, exactly 😂 You can't actually drive if you can only drive one car.
BoredZelda · 06/11/2021 19:20

it's the instructors job to know whether a car can be used for a test.

Obviously not given what happened.

girlmom21 · 06/11/2021 19:34

@BoredZelda

it's the instructors job to know whether a car can be used for a test.

Obviously not given what happened.

Most driving instructors are self employed. This one's just clearly not a good one.
Eltonsglasses · 06/11/2021 19:51

@girlmom21

His job is not assessing the roadworthiness of cars, not even his own car!

Lockdownbear · 06/11/2021 22:20

The Driver and Supervisor if its a provisional driver are indeed responsible for ensuring the vehicle they are driving is road worthy. That's why the driver gets penalty points for not having enough tread, faulty lights, unsafe car.

Think worse case scenario, the DS hits a pedestrian, who is badly hurt by the exposed tread of the wheel.
Could the instructor stand up in court and say its not my job to make sure it's roadworthy - Eh your the one supervising and are supposed to know the car is safe!

Eltonsglasses · 06/11/2021 22:38

@Lockdownbear

The Driver and Supervisor if its a provisional driver are indeed responsible for ensuring the vehicle they are driving is road worthy. That's why the driver gets penalty points for not having enough tread, faulty lights, unsafe car.

Think worse case scenario, the DS hits a pedestrian, who is badly hurt by the exposed tread of the wheel.
Could the instructor stand up in court and say its not my job to make sure it's roadworthy - Eh your the one supervising and are supposed to know the car is safe!

The instructor wouldn't have been supervising in the OPDS car though. An instructor is responsible for their own car, nobody else's.

Lockdownbear · 06/11/2021 23:44

The ownership of the car doesn't matter if the instructors was instructing in the boys car he has a responsibility to ensure its roadworthy. The learner being a learner can't be held fully responsible.

Its exactly the same as a truck, the driver is responsible, regardless if he owns the truck or not.

iklboogiemaninthecloset · 06/11/2021 23:47

The ownership of the car doesn't matter if the instructors was instructing in the boys car he has a responsibility to ensure its roadworthy. The learner being a learner can't be held fully responsible

The instructor is only responsible for their own car being roadworthy - nobody else's. If someone chooses not to use the instructor's car for their test the onus is on them to make sure it complies. The instructor wasn't teaching in the boy's car - he was being taken out by OP & her partner.

iklboogiemaninthecloset · 06/11/2021 23:50

her son will need the lessons though. He can’t just stop driving until his test.

He can if he wants to. There's no law or rule saying he has to keep taking lessons up to the test date. Obviously it's best if he does take lessons. Preferably with an instructor rather than his parents.

Lockdownbear · 06/11/2021 23:58

I was reading it as he was having lessons with the instructor in his car rather than the instructors. So really the instructor may not even have seen the damage to the car.

But whoever is in the passenger seat of that car with the boy has a responsibility to ensure it is safe. The Op or Dad could be risking points on their licence if the car is unsafe.

Eltonsglasses · 07/11/2021 00:00

@Lockdownbear

The ownership of the car doesn't matter if the instructors was instructing in the boys car he has a responsibility to ensure its roadworthy. The learner being a learner can't be held fully responsible.

Its exactly the same as a truck, the driver is responsible, regardless if he owns the truck or not.

He wasn't having a lesson in his car with the instructor- he went for his test with OP on his own car. The instructor has absolutely no responsibility here. None.

girlmom21 · 07/11/2021 08:59

@Eltonsglasses are you a driving instructor? Do you know any driving instructors? Have you ever met a driving instructor?

If you were playing a football match and weren't sure if your studs were permitted, you'd ask the team manager. If the team manager said they'd be permitted, you'd trust their judgment as they're experienced in the field.
If the referee then didn't let you play, because they weren't permitted, would you say "oh well I should've gone to a sports shop and asked. It's nothing to do with the manager"?

Eltonsglasses · 07/11/2021 09:03

[quote girlmom21]@Eltonsglasses are you a driving instructor? Do you know any driving instructors? Have you ever met a driving instructor?

If you were playing a football match and weren't sure if your studs were permitted, you'd ask the team manager. If the team manager said they'd be permitted, you'd trust their judgment as they're experienced in the field.
If the referee then didn't let you play, because they weren't permitted, would you say "oh well I should've gone to a sports shop and asked. It's nothing to do with the manager"? [/quote]

You are making a fool of yourself. The instructor is not responsible. I would just give it up.

girlmom21 · 07/11/2021 09:10

@Eltonsglasses I guess the answer to the first 3 questions are no then. Cute.

Eltonsglasses · 07/11/2021 09:13

[quote girlmom21]@Eltonsglasses I guess the answer to the first 3 questions are no then. Cute. [/quote]

You can guess all you like. It's not relevant. I don't relent care what conclusion you reach.

jillandhersprite · 07/11/2021 09:26

What rotten luck.
Knowing lots of MOT testers - although it may seem like MOT test rules are black and white - the reality is there is a lot of judgement by the tester as to whether a car is deemed roadworthy or not. Some may fail the car even if it is the only issue, some may just put it as an advisory and some may pass it.
In a similar way there is a judgement element to the driving test examiner - although their rules may look black and white they too are putting their own judgement on whether to pass or fail.
You will have to suck this one up - be available to supervise when your son wants to go out in his car so he can still get himself out to his mates/socialising. And prioritise fixing it as soon as possible. And get on that app to see if he can get a cancellation slot...
(A driving test story - we had 2 test examiners at our local centre back in the 90's when i did my test - and we all dreaded getting 1 of them as he never passed anyone first time. Yep I got him - and he failed me because I pushed into the right hand lane so I could turn right at a roundabout because he only asked me to do a right at the last minute. Apparently I was supposed to stay in the left lane and go straight and ignore his request to turn right as that was safer and the correct response to his last minute request. He did the same to my friend but she was prewarned by me, so she didn't push in and went straight. He failed her for ignoring his request to turn right. Knobhead)

Lockdownbear · 07/11/2021 10:52

While there may be an element of judgment what is and isn't an MoT fail.

How confidently could the Op, son or anyone else in charge of the car, stand up in court and say they firmly believe the car is safe to drive and doesn't pose more danger to pedestrians?

iklboogiemaninthecloset · 07/11/2021 11:44

@girlmom21 - DH is a driving instructor so, yeah.

icedcoffees · 07/11/2021 11:54

This is what the government website says about using your own car:

Your car must:

be taxed
be insured for a driving test (check with your insurance company)
be roadworthy and have a current MOT (if it’s over 3 years old)
have no warning lights showing, for example, the airbag warning light
have no tyre damage and the legal tread depth on each tyre - you cannot have a space-saver spare tyre fitted
be smoke-free - this means you cannot smoke in it just before or during the test
be able to reach at least 62mph and have an mph speedometer
have 4 wheels and a maximum authorised mass (MAM) of no more than 3,500 kg

www.gov.uk/driving-test/using-your-own-car

I suspect the instructor didn't feel as though the two parts I've bolded applied to DS's car.

There's also a list of cars and other issues on there that mean you can't use certain vehicles.

girlmom21 · 07/11/2021 16:55

[quote iklboogiemaninthecloset]@girlmom21 - DH is a driving instructor so, yeah. [/quote]
And I'm sure if he didn't know whether or not a car was roadworthy he wouldn't allow them to take it on test, or be a passenger in it. He wouldn't just go "yeah I'm sure if will be fine" if he was sure.

My driving instructor relative certainly wouldn't.

iklboogiemaninthecloset · 07/11/2021 17:09

And I'm sure if he didn't know whether or not a car was roadworthy he wouldn't allow them to take it on test, or be a passenger in it. He wouldn't just go "yeah I'm sure if will be fine" if he was sure.

It's not the instructor's car. It's OP's DS's car. The instructor gets no say in who goes in it or if the DS went ahead & tried to take the test. All he can do is give an opinion / advise.

girlmom21 · 07/11/2021 17:45

@iklboogiemaninthecloset yes, advise. He wouldn't give advice if he wasn't confident in that advice.