Appeal result of Module 2 test?

[Nikolas]

Hi,

I'm new to the forum.

I was wondering if anyone has taken the DVSA to the magistrate’s court to appeal the result of their mod 1 or mod 2 tests? I'd be interested to hear your experience and the outcome. I searched the forum but couldn't find any examples.

I recently failed my mod 2 test (the famous examiner at Enfield with the Napoleon complex) and am looking to appeal the result.

Even assuming the examiner clearly didn't follow the regulations or made up a reason to fail you, I still don't understand how you could prove it in court as it would just be your word against theirs. You're not allowed to record anything during the test and the green form they fill in has no details. So it feels like they've created an appeals process that you simply can't win.

Thanks.

[Fleck]

Think you're flogging a dead horse here, you can't prove anything and it's your word against his. He would always win unless he had hundreds of complaints, then his boss would have a word with him... And you'd still lose.

Maybe rebook your test in another area?

[mikestrivens]

[mention]Nikolas[/mention] I suggest that you are wasting your time and that it would be better spent getting more practice and as above do test in different area.

[Joeman]

Waste of time. You won't win. If you did win all you could hope to get back would be the fees, they are not qualified to overrule the decision of the examiner so can't change the results of the test.

[geofferz]

Blackmail him, rebook test, done.

[Six30]

Take it on the chin and re-book it

[Bender]

Take it on the chin and re-book it

 

Dear God Almighty I think I agree with six for the 2nd time.

Waste of time, won't overturn the decision, how could it, how you going to prove your right he's wrong, my examiner was as miserable as sin and is renowned for it but I passed, had I failed I would have taken it again.

What was it you failed on

[Nikolas]

Thanks everyone. It wasn't so much about expecting to overturn anything, more about the principle of the thing.

But as expected, sounds futile. I'll just go through the complaints process rather than the appeals process.

[Bender]

Thanks everyone. It wasn't so much about expecting to overturn anything, more about the principle of the thing.

But as expected, sounds futile. I'll just go through the complaints process rather than the appeals process.

 

What Wass the fail?

[Nikolas]

What Wass the fail?

 

I made a right turn. In the debrief the examiner said the gap was big enough for me to safely move in to but he didn't feel it was big enough for him to also follow me so it was a fail. No other major or minor faults.

[Bender]

That's his problem, your not riding for him, sucks but book another.

[learningtofly]

What Wass the fail?

 

I made a right turn. In the debrief the examiner said the gap was big enough for me to safely move in to but he didn't feel it was big enough for him to also follow me so it was a fail. No other major or minor faults.

 

What? That goes against all the training I received, and also flies in the face of something said to me at my own debrief (at Enfield). I said I didn't take a gap as I didn't think he (the examiner) could get through, and he said I wasn't riding for him!

I'd be miffed too, but no choice but to put it behind you now.

[mikestrivens]

Bit of a grey area this. I was always told to ride for myself and the examiner would sort themselves out. But I have also heard that if they can’t catch up with you to see you how can they examine you. I guess the only thing you could have done would be to wait for the examiner to catch up. When you do the retest it would be worth clarifying the examiner’s position on this before you start. Same with filtering, if the examiner hasn’t got room to filter cos they are on an 8’ BMW what do they want you to do.

[Six30]

What Wass the fail?

 

I made a right turn. In the debrief the examiner said the gap was big enough for me to safely move in to but he didn't feel it was big enough for him to also follow me so it was a fail. No other major or minor faults.

 

I would ask some questions at where you took the test about this , doesn't sound right to me .

[Bender]

I got away from my examiner at a roundabout, there definitely wasn't room for him to pull out and I was definitely out of sight, never said a word?

[Tiggie]

You're not allowed to record anything during the test

 

I know a driving instructor who has his dash cam on when students sit their test, that way if the student fails he can look at the footage and see exactly what happened and not just the annoyed students word . As long as its not facing inside the car and doesn't record audio it is fine to do this.

Can't see why the same couldn't be done for a bike

[Nikolas]

Thanks everyone. Yes, you're not supposed to take into consideration the examiner's ability to keep up. Same as when you're asked to pull over, you don't need to find a spot that's big enough for two.

I simply interpreted it as "I want to fail you so I'm going to make something up", hence the question about appeals.

[Mississippi Bullfrog]

It was many years ago when I did my test but even back then the rule was that the examiner expected you to make progress and waiting for a gap big enough for him to follow constituted lack of proper progress. My examiner had to radio me to stop as he couldn’t keep up with me. I passed with a commendation for confident use of the road.

[Seidinger1986]

Quick question: Is it the short, semi-bald dude, with glasses? I've been failed by him 3 times...

[Fleck]

Some examiners will for sure have a personality disorder, attracted to the job because they are able to get thier little sad fix of failing/controlling people.

[Muttly]

[mention]Fleck[/mention]

Interesting use of the term personality disorder. Doesn’t seem appropriate to me. You seem to mean people who have a touch of the ‘being an 4r53hole about them, maybe abusive of positions of power’. People described as having a personality disorder are something else (of course like all sections of society there will be some who are both.

[Fleck]

Psychopathics have a personality disorder. Can't feel empathy. Some like to kill. This one just likes failing people, so not too bad as they go

[elizabethf]

What Wass the fail?

 

I made a right turn. In the debrief the examiner said the gap was big enough for me to safely move in to but he didn't feel it was big enough for him to also follow me so it was a fail. No other major or minor faults.

 

This is vaguely similar to my fail. No minors but was failed for pulling out at a roundabout and was too small of a gap. Car behind indicating the wrong way.

Sucks but I just rebooked. Examiner wasnt a dick about it, he told me to get back inasap because my riding was otherwise great. One of those things, accept it!

[SometimesSansEngine]

Was your instructor invited to be in the room with you when you got the result? Because this definitely sounds like a situation where you could do with a third party to ask a few questions around what happened and what caused the fail. I can't help but feel it's been poorly explained to you as a reason to fail, but then I wasn't there (eg did he mean you entered the junction and then were slow to get away, causing issues to traffic behind you)

[The Spin Doctor]

Bit of a grey area this. I was always told to ride for myself and the examiner would sort themselves out. But I have also heard that if they can’t catch up with you to see you how can they examine you. I guess the only thing you could have done would be to wait for the examiner to catch up. When you do the retest it would be worth clarifying the examiner’s position on this before you start. Same with filtering, if the examiner hasn’t got room to filter cos they are on an 8’ BMW what do they want you to do.

 

They have a radio. They simply tell you to pull over if they have to.

And even if they lose you, it's 'test abandoned' which means a fee refund. It's not a test fail.

I suspect a misunderstanding of the debrief at the end of the test.