Provisional license - legality scenario

[wainy]

Seeing a previous topic has reminded me about this query I have.

Scenario:

Learner driver (Provisional license) buys himself a new car (cheap) and insures it.
Car has L plates on it. He can only drive it if he has a 'qualified adult with them' ie 3+ years full license, not under the influence of alcohol etc. This is all fine and relatively clear

My question is:

If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.

Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?

[PurpleMoonlight]

Licence.

[Ransoman]

PurpleMoonlight said:

Licence.

• **Slow clap***

[esxste]

Technically, I'd say yes.

Although the attitude test would probabaly need to be failed for a copper to bother chasing this.

[anonymous-user]

I think it would be down to attitude too

If the music was blasting so much that the car was rocking and there were clouds of iffy smoke coming out of the windows, it might be a problem

[SantaBarbara]

wainy said:

Seeing a previous topic has reminded me about this query I have.

Scenario:

Learner driver (Provisional license) buys himself a new car (cheap) and insures it.
Car has L plates on it. He can only drive it if he has a 'qualified adult with them' ie 3+ years full license, not under the influence of alcohol etc. This is all fine and relatively clear

My question is:

If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.

Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?

They could leave the drivers seat vacant so that no one was in control of the vehicle

[Pica-Pica]

esxste said:

Technically, I'd say yes.

Although the attitude test would probabaly need to be failed for a copper to bother chasing this.

Yes. Same as it would be an offence if the keys were in the ignition and engine off, and driver was using a mobile phone. I know someone who was charged with using a mobile phone while being in control of a motor vehicle, with engine off but keys in ignition.

[Red Devil]

wainy said:

My question is:

If said car is parked on the road (outside house) and the learner driver is in the driver seat with mates (one in passenger seat) listening to music etc. If the ignition is on does this constitute an offense? I know / understand that if you were say under the influence of alcohol and in the same situation (even without ignition on) you can be done for being in control of vehicle under influence etc.

The question appears to be with reference to any/all of the mates being a potential supervisor.
The latter is deemed to be in control at all times - http://roadwisedrivertraining.co.uk/supervising-dr...
If none of the mates meet all the qualifying criteria for being one then I reckon any/all of them risk sanction.

While on a public road a vehicle does not have to be in motion for it to be 'driven'.

wainy said:

Does that scenario of offense also apply to provisional licenses? Does it change if the engine is started?

A provisional licence holder can't be a supervisor whatever their age, so the question doesn't make sense.
Are you asking what offences the learner may be committing? The obvious one would be 'driving otherwise than in accordance with a licence'.

esxste said:

Technically, I'd say yes.

Although the attitude test would probabaly need to be failed for a copper to bother chasing this.

Maybe, but why take such a risk in the first place? Given the postulated scenario, listen to the vibes indoors.

That said, IANAL so I could be talking bs. The best person to advise the OP would be agtlaw on here.

[R0G]

If passenger does not meet the criteria for a learner supervisor then it is illegal because you are 'in control' or 'in charge' of the vehicle under UK traffic law

[rewc]

R0G said:

If passenger does not meet the criteria for a learner supervisor then it is illegal because you are 'in control' or 'in charge' of the vehicle under UK traffic law

What happens when you leave your 14 year old child in the car while you go into the newagents? Is the child in charge at that point?

[R0G]

rewc said:

What happens when you leave your 14 year old child in the car while you go into the newagents? Is the child in charge at that point?

If the key is in the ignition and the child is in the driving seat then yes and the parent can be done for putting a child in danger

[HTP99]

R0G said:

If passenger does not meet the criteria for a learner supervisor then it is illegal because you are 'in control' or 'in charge' of the vehicle under UK traffic law

Ok, how does that work then if the passenger isn't insured on the car, which I believe they don't have to be?

[R0G]

HTP99 said:

Ok, how does that work then if the passenger isn't insured on the car, which I believe they don't have to be?

Supervising driver does not need to be insured unless they are driving the vehicle

[mygoldfishbowl]

What about if you're a cyborg with one overly strong leg & one really overly strong arm & you're sitting on the boot with only a spare key?

[Dixy]

My Springer spaniel will always take the drivers seat of my Defender if I get out, if the keys are in the ignition is he driving.

[Dixy]

I forgot to add if Bib approaches he will fail the attitude test.