Law news, information and advice.

Caught Speeding Whilst Learning To Drive

Whilst learning to drive 10 years or so ago, a friend of mine was clocked doing 36 miles an hour in a 30-zone. She was learning to drive with a very well known driving school, in a dual-control car. The instructor was not paying sufficient attention to her, and so did not correct her speed.

When the notification came through, my friend contacted the driving school for the instructor’s details, so that he could take responsibility for the points and the fine. the driving school advised that they had “lost” his entire file and he no longer worked for them, and could not provide any contact details for him. So my friend was forced to take the points and the fine.

Having looked into it, it is common that this should happen - the learner driver is responsible for their actions on the road. However, the barrister in charge of my friend’s case said that in this instance, my friend should have been let off as a law created in the 1950’s or 1960’s (her memory is a bit wooly on which one) allowed for her instructor to be responsible, not her.

I am not sure if this is accurate or not, but it raises interesting points regarding driving instructors and what they tell their students.

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January 25, 2010
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