Failed: 48 In A 50 Zone

[SoulSearcher]

OK, here's my take on the situation from what you've told us:

 

Everything else in the test was sweet, however when *someone else* broke the law by tailgating you, you kept your head and remained at the posted speed limit (or close there to... 2klm is nothing they don't bust you for going 2klm over so why would they bother busting you for doing 2klm under). Although, are you sure you were in a 50 zone and not a 60??!

 

Now when you approached the school zone you reduced your speed to acocmmodate school children.

 

The only thing I can think of that the driving instructor has done is perhaps mis-worded your fail. Is it possible that there were no school children present, thus making the 25klm limit moot?

 

However, if you took your test when the 25klm limit WAS being applied, then I would wholeheartedly write a letter (think non offensive I might put something together) asking for clarification of what exactly you did wrong, so you can better prepare for your next test, or if the tester was at fault, a credit towards your next driving test.

 

Lesley :D

 

 

 

Here's some thoughts on a possible letter for you, feel free to completely ignore it ;) or use parts or all of it:

 

 

Dear Sir/Madam,

 

Re: Final Assessment taken at 3.10pm on Monday 16th October

 

I attended the XXXXXXX to undertake my final assessment with an instructor by the name of XXXXXX.

 

I felt that I performed well, although possibly doing 48klm's in a 50 zone may be classed as too slow by some people, however I believe that being a little nervous and this being my final assessment 2klm's under the speed limit was negligible.

 

****Recount the tailgater and the school zone here****

 

However, I was shocked that my instructor told me retrospectively that when I was tailgated by the gentelman in the commodore I should have sped up. I believe if I had done so, I would have broken the speed limit and what if the tailgater kept on tailgating me? Should I speed up some more (perhaps to warp speed!!)?

 

I know most people when they fail a test try and blame some one else for their failings, but I assuure you I take full responsibility for doing 48 in a 50 zone, but that I truly believe that I was failed for a reason that isn't based on the road laws.

 

Would it be at all possible for you to review my test results and advise me if there is any possibility of me being correct in this matter? Should you find that I was within the road laws would if be at all possible for you to credit me with the cost of the driving test so I can re-do it?

 

I look forward to your response.

 

Yours sincerely,

 

 

 

Chet

[Jason]

in qld befor you do the test you get a sheet stating all the stuff for the test and in caps it says AT NO TIME WILL THE INSTRUCTOR ASK YOU TO DO ANYTHING ILLIGAL....

[wooley]

oh and 25km's an hour when children present, literally translated and in law also means that if its 1 in the morning, and theres children around you MUST do 25km/h

 

however in court its reasonably unforeseeable that there will be children around.

 

its all a pretty hazy bullsh*t subject

[Chet]

holy cow. i didnt think this many people would reply.

thanks for all your comments, i have taken out some good points to build a case up.

i have rang up consumer affairs who were pissed off too and told me to write a letter to the instructor to tell me what i have done wrong, and also demand a reply within 7 days otherwise consumer affairs will take over.

Un-satisfied, i rang up transport SA offices who were also angry with my predicament who transferred me to the department where you can report driving insturctors or something. anwhoo, everyone went home before i got through so no-body to talk to.

yeah iam aware that i had to 25 in the zone, but instructor told me not go the speed until the sign post, which was about 200 metres up the road when i was first tailgated.

I rang my old insturctor and he told me that no-bodyshould speed up if they are being tailgated as it increases stopping distance. its within 5 k's of the speed limit that i should have been going.

My insturctor has been good to me so far, but i don't know, should i cop it on the chin or take it further.

i guess he is my instructor and he might have not felt that i should be getting my peez was a good idea, but he still should have told me rather than failing me on something stupid like that.

argh i don't know.

take it further or just book another lesson?

[Jason]

stick it to them take it further

 

I got a non critical for not linning my wheels up stright at the final park >.< basturds

Edited October 17, 2006 by Jason

[johnny]

TO GET THE FASTEST response Get current affair involved :D

works every time

[JiP]

Quickly before channel nine is sold to an overseas company and scrapped.

[love ke70]

channel 9 suck the donkeys wang anyway...

[philba]

Report him, you have done all the hard yards trying to get your licence and some prick (who probably doesn't like young drivers) is trying to keep you off the road? Stick it to him.

 

I know that in vic you can get booked for driving 10kph under the speed limit with no probable cause and for 6kph over (3kph for speed gun/camera calibration and 3kph leeway). Dunno what it is in the ACT as I haven't been booked (yet)

[Beau-Jangles]

In SA you can go over 10% of the speed limit with radar guns, eg: 55 in a 50 or 66 in a 60.

 

REPORT THE BASTARD!!!!

[dysolve]

I would pass the test before complaining, my mate failed for a similar reason on his first attempt so he complained, it then took him 9 yes nine attempts, on two attempts he did not even leave the drive way from where the test was suppose to start. ( he look right before he look left) ... just pass first or they will keep on failing you

[JiP]

Both my mother and sister have been there. The guy had it in for them cause they didn't go with a driving school.

[SoulSearcher]

I'd start of being nice first ( you catch more bees with honey) and then if you don't get the result you're after, get nasty. BUT REMEMBER a letter will always get a response.

 

Lesley :D

[Rollin-Rolla]

Honestly that is the biggest load of shit i ever heard. no way you should get done for that. tell him to go get F*#ked. if nothing comes out of it you may aswell book another lesson but don't go with that retard. clearly he has problems and shouldnt be instructing. even if he reckons you don't deserve your P's its not up to him because if you pass the test you pass thats all there is to it. id go with someone else.

 

ive lived in SA here forever, but could you fill me in on latest laws for new P platers? i know the whole green and red P has been brought in but is there anything to do with time restrictions and shit? i got my p's about 3 years ago and only had to be on them for 2 years then got full licence. so i just scraped in.

 

P.S. lately ive taken on the Zero Tolerance approach to things.

Edited October 17, 2006 by Rollin-Rolla

[Chet]

i have been ringing around and also rang up a few of my old driving instructors that i had in the past and told them my situation, so the word has obviosly gotten around to my driving instructor where he posted out a letter informing me in detail of my mistakes, for legal purposes i suppose if i were to take it further.

anywhoo, i thought you guys might be interested in what he had to say:

i am only cutting out the bit from the 2nd assessment, as the 1st doesnt matter.

 

here goes:

"Second Assessment

Road law fault recorded

Traveling straight along a 50 zone road app 45 to 47 km/h white vehicle from behind was

obstructed by you for some time, starting to get to the tailgate situation,

and you did not want to exceed the ltd, you were aware the car was there but no response from you

I understand that you are mindful of your speed, which is good, what other choises could you have used

(1) safer for you and your defencive thinking ,,

 

It was a wide road with a marked parking bays to the left of you.

 

'how about = held your speed, signal left, re-checked the car behind you brush the brake lights

and then if safe to, entered the parking bays including stopping there if you wished..

Be in control of the situation when every you can

 

driving is all about coming up with the low risk choises all of the time ...

 

i do understand that you were not happy with my call on the second assessment...

 

think of it as a good learning lesson "about you " and traffic conditions "other drivers"

 

Transfer from 'L' to 'P1'.. is reaching THE END OF THE BEGINNING... ONE NEVER

Should stop learning,

 

Reguards ******"

 

now, from what i read, that is the law, that you should pull over when ever someone is tailgating you?

i thought i had a right, just as everyother driver to be on the road, why whould i have to stop motion of my car when some inconsiderate driver chooses to break the law?

 

chet