YOUR driving exam may seem daunting and having an examiner who seems to be a bit difficult, can make the nerves even worse.
It can be a problem to have an examiner who you do not get on with, and you might think about refusing him or her and trying to get someone else to test you.
Can you refuse a driving test examiner?
You might want to refuse a driving test examiner for various reasons.
It might be that you already tested with one examiner, and it seems that he failed you for a silly reason.
That is why when taking the retest, you might opt for a different examiner.
A bad attitude might also make you want to change examiners, especially if you're really nervous on your test day.
Some examiners also have a bad reputation, for failing learners for no reason at all, or for the tiniest detail, and you might want to make sure to avoid yourself the waste of time.
So if you feel that you don't want a certain examiner to test you on your driving skills, you have the option of refusing them.
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However, it comes at the cost of the test fee and your slot.
Test slots are in high demand and you cannot show up to the testing centre and decide which examiner you'd like.
If you cancel your test, you will have to wait for the next available date.
Even though you refused a certain examiner on the day, this doesn't mean that the same one won't be allocated to you again.
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Can you appeal your driving test result?
You can appeal your test result if it seems that your examiner didn't follow the law, however, your result will not be changed.
It's best to take legal advice before appealing your test result to ensure that you have the grounds for it.
An examiner would not be following the law if:
- he or she did not check your eyesight before starting the test
- you spent less than 30 minutes on the road
- he or she did not ask you to reverse at some point of the test
- he or she did not ask the 'show me, tell me' questions.
If you were driving in a dangerous manner and the examiner stops you, then he or she might not have had time to request any of the above.
In this case, you cannot appeal your result.
If this doesn't apply, then you can go ahead with appealing the examiner's decision.
In England and Wales, you should contact your local magistrates' court within six months of your driving test.
Meanwhile, in Scotland, you should contact your local sheriff's court within 21 days of your driving test.
The court will then give you a date for the hearing and you need to go and show evidence of how the examiner didn't fairly test you.
If you win the appeal, the test result cannot be changed but you can get a free retest or a refund of your test fee.
If you lose your appeal, you might have to pay significant legal costs and have to also pay again to retake the driving test.
What happens if I fail my driving test?
If you fail your driving test, the examiner will give you the reasons why you did so.
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After, you need to book another test and pay again.
You need to make sure that the retest is taking place at least 10 days after you took the failed test.
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