Appealing against a test decision

A colleague failed his cat ce on Monday. He is understandably not happy with the result 3 minors and 1 serious. He is adamant that the examiner is in the wrong. He wants to appeal. I don’t think it’s worth the hassle. And from what I remember when I did my lgv I’m sure it says that the decision cannot be changed, just get another free test, which would surely be flagged to say you are a trouble maker.

Any instructors on here know of any one who has successfully appealed.

Hello alterego,

I have failed on my c 3 times… 1st climbed the curb… my fault. 2nd … nervous forgot how the handbrake works… also looking above my shoulder… my fault. 3rd time… TOO SLOW!!! … SLOWING CAR DOWN IN ROUNDABOUT!! … i mean… how could you see from front seat that that car had to allow down…? Superhuman?? Why examiner then?? I personally think the instructor should orchestrate the exam and the examiner just EXAMINE … like in some other countries… didn’t appeal for same reason but havent driven since… want to start again now…cost me too much already…

You’re right you can appeal but they won’t over turn it. He’ll just get another free test…possibly… also note then whilst you are going through the appeal process you can’t take another test. It isn’t a quick over night decision neither usually so sometimes better to take it on the chin and go again.

Waste of time, move on…

I have been involved with successful appeals (so they do exist) but this case looks very much like straightforward driver error so IMO it’s time to accept the decision, learn from the mistake and move on.

Pete :laughing: :laughing:

The test is very subjective, and there are only two witnesses to what takes place; the examiner and the candidate.

One is a trained and qualified ‘expert’ appointed by DVSA, the other is a trainee and a bag of nerves on the day.

One is impartial and unbiased, the other has a vested interest in passing.

It is an established part of human nature that most of us will rate our own abilities higher than another observer, especially when it comes to things like driving.

So who is an appeal panel going to believe? Unless there is hard evidence of a factual error on the examiner’s part it seems unlikely that an appeal could succeed. Pay for the re-test and move on, put it down to part of the training process - the haulage industry can be brutal and unfair at times.

Complaints against examiners are more common than many might imagine. When a complaint is received it escalates through a complex process and is treated very seriously.
Very few are about the examiners assessment, most concern attitude and conduct.
For every test a report is written by the examiner. Weather conditions, description of candidate, show/tell questions asked etc but on fail results a full description of each serious fault is hand written including location, vehicle position etc. This is done in case of a complaint in the following 2 years.
There are many rules applied before an examiner marks a serious fault and the write up will support the fact that the correct rules were applied.
Of course they can still make mistakes but the very best a candidate can hope for is a free test. The decision will NOT be overturned.
As above move on and pass next time

I mind 35+yrs ago on my class1 test the examiner seemed in a right mood from the start …he asked a question about a road sign I past and I didn’t answer straight away and he started on a rant about young drivers and their attitude I answered the question about the sign and he turned and told me I had a really bad attitude and was considering failing me …was lucky if I had said a dozen words all test to him.anyway back to the yard and he asked me a few highway code questions and he near threw my pass at me and stormed of!never even stopped to speak to my trainer. My trainer told me he wasn’t long back after an accident during a road test and did not like young drivers. true story of how it was.

On the flip side, my examiner had a nice gentle sense of humour. I was so busy concentrating on the driving that I barely said a word as we set out, and we drove in silence. After a few minutes he said “you’re a talkative chap” in a sarcastic but smiling way, but I did notice he had waited until a long straight stretch of road so he was considerate about it.

Later on we encountered a cyclist, and the examiner was moaning about how he was riding illegally on the road because there was a perfectly serviceable cycle lane on the pathway next to the road. I asked if that meant it was okay for me to hit him as I passed - he asked that I didn’t as it would be extra paperwork for him.

They’re not all monsters, though like all of us they will have good days and bad days.

At our test centre we have about 8 examiners on a rota. Out of these there is only 1 I’m not keen on and even he raises a smile and a laugh on a good day.

I started training folks in 1972 and we used to call the examiners “Sir” with a distinct sense of “us and them”. It is so much more pleasant now. I believe we need to credit DVSA with better recruitment and training and the present day candidates reap the benefit.

All examiners are human and will have good and bad days. But the “new” breed of examiner seems to be able to maintain a level of professionalism that is new to me and I’m impressed.

It’s worth remembering that a) there are no quotas and b) the examiner has an easier life by passing the candidate rather than failing them. They have no axe to grind but are obliged to use their skill and judgement to arrive at the decision.

Pete :laughing: :laughing:

Of my 2 examiners (one for each class) they were both fine. The first was a lady who once we got into the drive starting talking about her horse boxes, which I had absolutely no interest in, and as such bugger all to say in response, so sort of wished she’d shut up! :laughing: But I obviously didn’t tell her that, and humoured her the best I could whilst trying to concentrate on my drive. The second was an older bloke that looked like he’d been a trucker for many years, and he also started chatting once we got into the drive. What I’ll never forget is that he said I didn’t look scruffy enough to be a trucker! :laughing:

From my experience I don’t believe an examiner is looking to fail you, and if they could would pass every candidate if they could. However they have to do their job properly, as the consequences of letting someone loose on the public that isn’t up to scratch doesn’t bear thinking about. And like the rest of us, I’m sure these people like to sleep with a clear conscience… :wink: