Learner driver - DWDCA
Learner driver - DWDCA
Author
Discussion

MellowshipSlinky

Original Poster:

16,101 posts

219 months

Monday 17th September 2018
quotequote all
If a learner driver with a parent as passenger has an accident and the police want to push a charge of driving without due care and attention (after a collision with another car and street furniture), who in the car gets the points / fine etc?

anonymous-user

84 months

Monday 17th September 2018
quotequote all
... the driver......

this can't be a real question.

MellowshipSlinky

Original Poster:

16,101 posts

219 months

Monday 17th September 2018
quotequote all
Just wondered if any onus would be on the full licence holder, that was all.

Second question (another real one) is who’s insurance would be affected?
The policy holder or the named learner driver? (When they eventually get their own ins)

You don’t have to answer Roger, if you deem it a stupid question.

Edited by MellowshipSlinky on Monday 17th September 21:53

Gavia

7,627 posts

121 months

Monday 17th September 2018
quotequote all
MellowshipSlinky said:
Just wondered if any onus would be on the full licence holder, that was all.

Second question (another real one) is who’s insurance would be affected?
The policy holder or the named learner driver?

You don’t have to answer Roger, if you deem it a stupid question.
If the learner is named driver on the main policy then that’s the policy that gets claimed on and is affected. Both need to declare a claim at renewal.

If there a separate learner policy in place, then that is the one that gets claimed on and just the learner has to declare the claim at renewal.

Peter911

594 posts

187 months

Monday 17th September 2018
quotequote all
In answer to the second question, the named learner driver when he/she/anynewgender gets their own insurance, and the policyholder if the driver with the conviction is still requred to be named.

Gavia

7,627 posts

121 months

Monday 17th September 2018
quotequote all
Peter911 said:
In answer to the second question, the named learner driver when he/she/anynewgender gets their own insurance, and the policyholder if the driver with the conviction is still requred to be named.
That last bit isn’t accurate. The main policyholder will need to continue to declare a claim that was made on his / her / gender neutral policy until x number of years have passed.

akirk

5,778 posts

144 months

Monday 17th September 2018
quotequote all
the person supervising is legally responsible for the car
they have rules they have to follow, e.g wearing glasses if they need to, can’t sleep, can’t use a mobile phone etc.
according to an AA report https://www.bbc.co.uk/news/uk-10834271 it has been known for the supervising person to go to jail when the learner had an accident which ended with fatalities
however, generally things like speeding etc. are likely to be points to the learner...

wiliferus

4,216 posts

228 months

Tuesday 18th September 2018
quotequote all
RogerDodger said:
... the driver......

this can't be a real question.
It is real question and the answer isn’t as clear cut as you may think...
The driver will of course be ultimately liable, although the legal test of ‘careful and competent driver’ may be difficult to reach as they arguably are not that by virtue of the fact they are learning.

The supervisor could be prosecuted under the ‘cause/permit’ legislation. If it could be proved that the supervisor either ‘caused’ the manner or driving (think bad advice, or even encouraged) then they could be held to have caused DWDCA.
If they failed to meet the obligations of a supervisor and just let the driver carry on driving badly, they could be held to have ‘permitted’ the offence.

Driversmatter

276 posts

123 months

Wednesday 19th September 2018
quotequote all
When I was training to be a driving instructor I met a guy who was teaching a learner who pulled out of a junction and was hit by a lorry. He said it was the only time he had points on his licence. Pupil was test ready just made a mistake that he didn't manage.

V8RX7

28,982 posts

293 months

Wednesday 19th September 2018
quotequote all
RogerDodger said:
... the driver......

this can't be a real question.
Whilst it was a long time ago, my Dad was teaching his then girl friend when she had an accident - it went to Court

He was told he should have at least pulled on the handbrake

He pointed out it was on the driver's side - next to the door !

My Dad got a fine (and / or points)