Is appealing the driving test decision worth it?

ash1511 · 02-10-2015 12:17PM #1

Hi,

I've failed my driving test (for the 3rd time) today. I'm feeling miserable now. Have been driving since years (in other countries and had a full licence). I do not agree with the decision and when I asked him to explain my faults (for the 2nd time) he said "well, I've already done and I'm not here to debate with you".

My question: Is it worth the time and money to appeal the decision? Has anyone appealed and passed (if the judge agreed that the tester was wrong)? Also, how much is the solicitor fees for it, if you have an idea?

Thanks in advance

02-10-2015 12:18PM

What were the reasons given?

ash1511 · 02-10-2015 12:22PM

Deleted User wrote: »

What were the reasons given?

Got 4 green and blue each on 'progress on the straight'. He said I was too slow. I know I wasnt. I was always under the speed limit (3km/hr less than the limit). Changing lanes 1 blue. Reaction to hazard 1 blue.

DrPhilG · 02-10-2015 12:25PM

I considered appealing my bike test a few years back. The things he failed me on were complete poop. But at the end of the day the test is not supervised nor recorded. There isn't any grounds for appeal other than your word versus the instructor so I can't imagine it would get anywhere.

my3cents · 02-10-2015 12:45PM

Isn't the appeal fee the same cost as a test? If so you might as well just do another test and hope you get a different examiner?

Carlos Orange · 02-10-2015 12:51PM

A quick Google brings up

Driving Test
Article 33 of the Road Traffic Act, 1961 provides for an appeal to the District Court. The Court may affirm the decision of the tester or direct that a further test be offered to you free of charge.

http://www.rsa.ie/Utility/Contact-Us/Make-a-complaint-Report-an-incident/Right-of-appeal/

If they are the only possible outcomes I wouldn't think it is worth appealing.

ash1511 · 02-10-2015 12:58PM

psinno wrote: »

A quick Google brings up

Driving Test
Article 33 of the Road Traffic Act, 1961 provides for an appeal to the District Court. The Court may affirm the decision of the tester or direct that a further test be offered to you free of charge.

http://www.rsa.ie/Utility/Contact-Us/Make-a-complaint-Report-an-incident/Right-of-appeal/

If they are the only possible outcomes I wouldn't think it is worth appealing.

I got the same thing when I had googled it and wasn't sure should I appeal it or not. Since there is no evidence, I'm inclined to think that the judge will decide against me.

biko · 02-10-2015 01:02PM

Did you fail from the same tester?
Tbh, it's unlikely it'll lead anywhere. I'd focus on the faults you were given and see if there is anything I could do about it. They don't fail you for fun.

my3cents · 02-10-2015 01:03PM

You can't appeal against the actual test results (the points noted by the examiner during the test) they stand whatever the outcome. If you win you get a free test, imagine that free test might be the toughest test you've ever taken.

ash1511 · 02-10-2015 01:06PM

biko wrote: »

Did you fail from the same tester?
Tbh, it's unlikely it'll lead anywhere. I'd focus on the faults you were given and see if there is anything I could do about it. They don't fail you for fun.

No with different testers. Not for fun I know. Think why we have to pay the same fees for all the tests (1st or re-test).

ash1511 · 02-10-2015 01:07PM

my3cents wrote: »

You can't appeal against the actual test results (the points noted by the examiner during the test) they stand whatever the outcome. If you win you get a free test, imagine that free test might be the toughest test you've ever taken.

Could be. I hate paying €85 everytime (knowing that I shouldn't and I was not at fault)

Alkers · 02-10-2015 01:12PM

ash1511 wrote: »

Got 4 green and blue each on 'progress on the straight'. He said I was too slow. I know I wasnt. I was always under the speed limit (3km/hr less than the limit). Changing lanes 1 blue. Reaction to hazard 1 blue.

From memory, I would have driven at 50 if the limit is 50 etc. IIRC you only get marked down for speeding if you're at the limit + 10%. Also maybe you were too slow accelerating from lights etc?

I wouldn't appeal and work on your confidence, if you can give the tester the impression you're confident in your ability (and back it up by making them feel safe in the car), you'll go along way to passing as you sound like you have the basics down.

my3cents · 02-10-2015 01:14PM

This guy didn't think so

fin12 · 02-10-2015 01:18PM

I dont know is it worth appealing, there's a man in Cork who has failed the test 13 times even though he has been driving for the past 40 years and has never had an accident. He took a case against the RSA but he didn't win. I think my mum after she failed the 3rd time complained so the fourth time she did it she requested that another tester or supervisor sit in the back while the test was going on, passed that time.

ash1511 · 02-10-2015 01:20PM

Simona1986 wrote: »

From memory, I would have driven at 50 if the limit is 50 etc. IIRC you only get marked down for speeding if you're at the limit + 10%. Also maybe you were too slow accelerating from lights etc?

I wouldn't appeal and work on your confidence, if you can give the tester the impression you're confident in your ability (and back it up by making them feel safe in the car), you'll go along way to passing as you sound like you have the basics down.

Thanks. My driving instructor is still in shock. He can't believe that I didn't pass this time. I've booked another test now. Hope I pass it this time (fingers crossed)

fin12 · 02-10-2015 01:20PM

my3cents wrote: »

This guy didn't think so

Hey that's the same man I'm talking about it, he's actually failed it now 12 or 13 times. Its a joke, I think they shouldn't be allowed fail anyone after 10 times. Nobody really drives the way they do when they are doing the driving test, I dont anyway. Its a money racket with them.

ash1511 · 02-10-2015 01:22PM

fin12 wrote: »

I dont know is it worth appealing, there's a man in Cork who has failed the test 13 times even though he has been driving for the past 40 years and has never had an accident. He took a case against the RSA but he didn't win. I think my mum after she failed the 3rd time complained so the fourth time she did it she requested that another tester or supervisor sit in the back while the test was going on, passed that time.

Oh.. I didn't know we could do that! Whom did she ask? The tester for another tester? So she had two people testing her!?!

ash1511 · 02-10-2015 01:23PM

fin12 wrote: »

Hey that's the same man I'm talking about it, he's actually failed it now 12 or 13 times. Its a joke, I think they shouldn't be allowed fail anyone after 10 times. Nobody really drives the way they do when they are doing the driving test, I dont anyway. Its a money racket with them.

I second you on that. Money racket it is. Worst part - we can't do anything about it

fin12 · 02-10-2015 01:23PM

ash1511 wrote: »

Oh.. I didn't know we could do that! Whom did she ask? The tester for another tester? So she had two people testing her!?!

no she didn't have two people testing her, the guy in the back was just supervising the tester. I'm not sure IL have to ask, maybe it was the test center. Il get back to you when I ask her.

fin12 · 02-10-2015 01:24PM

Actually its crazy there are people in England who have failed the test over 30 times.

SillyBeans · 02-10-2015 01:24PM

fin12 wrote: »

I think they shouldn't be allowed fail anyone after 10 times.

If that was the case, every dangerous, incompetent, idiot driver could just do 11 tests and pass, regardless of whether or not they're at the standard...

ash1511 · 02-10-2015 01:26PM

fin12 wrote: »

no she didn't have two people testing her, the guy in the back was just supervising the tester. I'm not sure IL have to ask, maybe it was the test center. Il get back to you when I ask her.

Yes please do. Thanks!

fin12 · 02-10-2015 01:27PM

SillyBeans wrote: »

If that was the case, every dangerous, incompetent, idiot driver could just do 11 tests and pass, regardless of whether or not they're at the standard...

There are plenty of dangerous drivers out there, I dont believe that makes you a safe driver because you past the test. whats the percentage of L drivers in accidents to people with full license's. Like I said most people drive different on the day of the test then they do all the rest of the time they drive.

And your forgetting its also a business.

ash1511 · 02-10-2015 01:27PM

SillyBeans wrote: »

If that was the case, every dangerous, incompetent, idiot driver could just do 11 tests and pass, regardless of whether or not they're at the standard...

The issue is that they are failing people who don't deserve to fail and who are better drivers than the testers themselves.

SillyBeans · 02-10-2015 01:32PM

fin12 wrote: »

There are plenty of dangerous drivers out there, I dont believe that makes you a safe driver because you past the test. whats the percentage of L drivers in accidents to people with full license's. Like I said most people drive different on the day of the test then they do all the rest of the time they drive.

And your forgetting its also a business.

I'm forgetting nothing. Why should someone automatically pass because they've failed 10 times? What exactly does that achieve? If you're going down that route we may aswell go down the route of just handing out licences without any training like they did years ago!

ash1511 wrote: »

The issue is that they are failing people who don't deserve to fail and who are better drivers than the testers themselves.

According to the drivers, they're hardly going to admit they're rubbish drivers!

Of course some people are failed unfairly, I wouldn't say it's done on purpose though, it's a bit subjective unfortunately. Maybe change the test so that there's no room for interpretation. Maybe have two testers for each test, both scoring individually?

Pizzle · 02-10-2015 01:36PM

fin12 wrote: »

Hey that's the same man I'm talking about it, he's actually failed it now 12 or 13 times. Its a joke, I think they shouldn't be allowed fail anyone after 10 times. Nobody really drives the way they do when they are doing the driving test, I dont anyway. Its a money racket with them.

Would you be happy driving in a car with someone who got their license in this way? Or worse still, how about school bus drivers?

fin12 · 02-10-2015 01:37PM

SillyBeans wrote: »

I'm forgetting nothing. Why should someone automatically pass because they've failed 10 times? What exactly does that achieve? If you're going down that route we may aswell go down the route of just handing out licences without any training like they did years ago!

According to the drivers, they're hardly going to admit they're rubbish drivers!

Of course some people are failed unfairly, I wouldn't say it's done on purpose though, it's a bit subjective unfortunately. Maybe change the test so that there's no room for interpretation. Maybe have two testers for each test, both scoring individually?

Well can you explain so how somebody can be driving for the past 40 years, never had an accident and yet has failed the test 13 times. Clearly there's something wrong there?? Do you not agree that most people drive different than they normally do on their driving test?

fin12 · 02-10-2015 01:39PM

Pizzle wrote: »

Would you be happy driving in a car with someone who got their license in this way? Or worse still, how about school bus drivers?

Ya I would. I wouldn't have suggested it otherwise. I sit in with people who have L plates, what's the difference

Pizzle · 02-10-2015 01:49PM

I take the point that the way someone drives on a test is not going to be their day-to-day style of driving. At the same time, you are being examined/tested on some of the very basic elements of driving.

If someone fails the test >10 times, it's almost certainly for a very good reason.

I failed my test a few months ago and couldn't have any complaints. My situational awareness wasn't good in certain places. Now I have to go back, work on those issues, take it again. In the end I'll be a better driver.

marathont · 02-10-2015 01:55PM

fin12 wrote: »

Well can you explain so how somebody can be driving for the past 40 years, never had an accident and yet has failed the test 13 times. Clearly there's something wrong there?? Do you not agree that most people drive different than they normally do on their driving test?

The fact that someone has driven for forty years and never had an accident is irrelevant. They could still be dangerous on the road or at least a nuisance to other drivers.

If someone has failed the test 13 times, there is something wrong. maybe they are just extra nervous when doing the test, but you cant blame the tester\test for that.

Larbre34 · 02-10-2015 01:58PM

fin12 wrote: »

Hey that's the same man I'm talking about it, he's actually failed it now 12 or 13 times. Its a joke, I think they shouldn't be allowed fail anyone after 10 times. Nobody really drives the way they do when they are doing the driving test, I dont anyway. Its a money racket with them.

Funnily enough, I did drive the test the way I do every day and I passed first time.

If a tester thinks you are obsessing about the speedo and not actually watching the road, he will fail you. If he thinks you are causing more of a hazard by over compensating in your observance of whatever signing and lining you pass, he will fail you.

To pass a driving test, you really need to be confident enough in your driving not to be nervous on the day, you should be that experienced by the time you take a test. The only thing you should do differently with a tester in the car is slightly exaggerate your head movements to ensure he knows you are checking mirrors and blindspots routinely. They always say to girls, wear some long earrings for the test, so that they jingle lightly when you move your head to observe, its a good indicator for the tester.

Is appealing the driving test decision worth it?

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