Appealing the driving test results

billyhead

I sat my riving test last week in Finglas and feel I was unfairly failed. The tester gave me 4 grade 2 faults for gears under vehicle controls which I think is a complete joke, because gear changing is one of my stongest traits, and I was in the correct gear throughout the test constantly going up and down through the gears as road conditions and progress dictated. The tester was actually dosing off assleep during the test i.e his head was down and his eyes were closed and he never tested me on my hill start which I thought was compulsary on every test. I tried to ask him to explain the reasoning for failing me on gears after he gave me the result but he said that he couldn't. He then said I should take great heart for having very little Xs on the rest of the report. What a complete *******. Has anyone else ever appealed successfully there driving test and how do you go about doing this. Also does anyone know the rate of success on appeal.

EDIT: billyhead - please read the Learning to Drive charter before posting.

Pacifico

The result won't be changed. The best you'll get is a retest soon enough and probably free of charge

Wishbone Ash

billyhead wrote:

gear changing is one of my stongest traits

A "strongest trait" in your own opinion pehaps, but may not have been appropriate for the test.

constantly going up and down through the gears as road conditions and progress dictated.

You may have been overdoing it if you were constantly changing gear. For example, it is pointless changing up a gear if you will be required to drop one again shortly. (e.g approaching a red light).

and he never tested me on my hill start which I thought was compulsary

Was there a hill start incorporated during the ordinary test route? (e.g. at lights, stop sign etc.) He may have assessed your hill start then unknown to you.

I tried to ask him to explain the reasoning for failing me on gears after he gave me the result but he said that he couldn't.

The tester is not permitted to discuss the test with you.


You can appeal to your local District Court under Section 33, Sub-section 4 of the Road Traffic Act 1961. The Justice can refuse the appeal or, if satisfied that the test was not properly conducted, direct that you be given a further test, with a different tester, at no additional cost.

(The decision of the Court is final and not appealable).

Realistically though, it's probably easier to reapply and indicate that you are willing to be tested at very short notice.

(PS - I've never met anyone who has appealed)

cazzy

I would just apply and you sometimes can get a test in a few days if you call and say you are available to do a test at very short notice. I know a person who did this and got a test the next week after failing - only thing is you could get only a day or so notice.
You might have selected the wrong gear for the road conditions or changed them too much or selected inappropriate grears for situation even if it was a smooth switch. ...and as the other person said you were prob tested on the hill start during the normal driving process. they dont have to get you to stop on an actual hill.
Go for a pre test with a good school and they should advise you on the gear situation by assessing your driving.

Cerdito

I worked with a girl who appealed (it was her 3rd time failing). She was granted a re-test by the court and had the chief examiner in the car along with the tester when it came around. She failed again unfortunately!

Nephew

It's worth noting that some testers get lazy and stop marking your faults after you have earned enough to fail. So just because you got 4 grade 2's it doesn't mean the rest of your test was spotless.

miju

billyhead wrote: »

I sat my riving test last week in Finglas and feel I was unfairly failed. The tester gave me 4 grade 2 faults for gears under vehicle controls which I think is a complete joke, because gear changing is one of my stongest traits

it might be according to you but in all honesty a tester isn't going to give you 4 marks for the same thing for the laugh.

best thing to do is re-apply learn from mistakes (work on gear changes) and dont look to shift blame onto to the tester. people fail the test regularly you unfortunately are one of them

Donie1234

Billyhead, i think if you feel that you were in the right and you're 100% correct on your judgement. I think you should appeal this. I too have had the burden of failing a test (yesterday) which i believe was under more pressure than normal. i had a supervisor insepector in the the car with myself and the inspector. i was told that the supervisor would not be accessing me. He sat behind the passenger seat, but i felt i was distraced the whole time as he constantly kept moving over and back in the back seat; also when i was trying to reverse around the corner (don't know why this is mandatory) he lent down and kept fidgiting . he blocked my view of the rear view window and under that type of pressure i hit the curbe. i belive that i'm in the right to appeal, 100% in the right. that's why i asked you to make sure that you're fully confident and that you were not accessed correctly.

TwoShedsJackson

Donie, you obviously were under a bit more pressure than you otherwise would have been, but it does state in the test conditions that the tester may be accompanied by a supervisor.

It's possible that you could have a fidgeting, moving passenger distracting you on a normal drive, so the best course of action is to ask them to stop doing so and allow you to concentrate on the driving.

You're asked to reverese around a corner to demonstrate that you can keep control of the car and perform proper observation all around it whilst reversing. Again, if the supervisor tester was blocking your view out the rear window, asking him to move might have been the best course of action.

You can appeal it of course, and it sounds like you might be succesful but be aware that appealing successfully just means that you get another test conducted free of charge, they have no power to change the result of your test to a pass.

Donie1234

Yea i fully understand, where you coming from.I understand that appealing the decision won't get my test passed. i have no bother going back and doing it again. i'm appealing the decision because i don't want to wait another 40 weeks to get my test rescheduled.

I understand that i will definitely be having passengers fidgiting in the back seat of my car again (that's definitely a certain), but under normal circumstances i wouldn't be reversing in the manner in which you have to under a driving test. i don't know anyone that reverses in that manner and it just seems like it's a complete waste of time.

As i said before the only reason i wish to appeal this test decision is to get my test at a nearer time in the future. i'm fully awear that i will have to retake my test. But for someone to sit in the car with you for 20-25 minutes under pressure doesn't really state or deem the driver to a careful driver. As drivers will always return to their normal habits when they return to their cars successful or unsuccessful after their test!

mathie

My sister, years ago, failed and then resat a week and a half later and passed.

So take what you learnt and pass!

Best of luck!

Castanaclara

I have been to Raheny test centre twice and failed recently
I just want to say how it seems everyone everywhere seems to say ooooh Raheny ... well I know this person , I know that person and its so hard nobody passes there?
I went for a test and had the displeasure of a very intimidating tester who just had it in for me it seemed by this i mean i missed my first test by one mark and on return the marks almost doubled?? The first guy was ok. I believe I should have passed but it is what it is .. but the next guy sat in the seat like a drunk when i went over the bumps he lolled around exaggerating movements to intimidate me. And yes the seatbelt was on and I was driving at an appropriate speed.he seemed to just find marks also nothing I had been marked on before .
One tester at this centre apparently goes home and laughs about how many he failed today and people around know this guy, really! Can this be just rumour? Can his life be that pathetic.

My question or moan really being how can everyone in and around the area know people are treated unfairly, these guys concerning themselves with their quotas which could be a yes or no depending how many they have passed already.
The centre is like a drive through. No pun intended. Big fat fail, now book another test.the amount of people going through there the rsa must be happy with the money they are making about their quotas which they could pass you but then tell you not today. Your instructor brings you down to join a line of anything up to 10 cars all training you get each tester pointed out to u and if he/she is good they can tell you what each tester is finicky about in other words if you don't know what that tester looks for especially, your setting yourself up for a fail. Of course I am not in the frame of mind that you should not do everything correctly.I am just annoyed that any civil servant can take it upon themselves to do their job intimidatingly instead of just being plain face not influence your performance or intimidate you. There is nobody to say you did or you didn't do it their word for it! in other countries you can have your instructor in the back seat. Do they have secret shoppers testing them ?