Any liability on me, for teaching a learner?
Any liability on me, for teaching a learner?
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Discussion

Benbay001

Original Poster:

5,888 posts

186 months

Tuesday 20th September 2022
quotequote all
Hi all,

I have a friend who is learning to drive who I'm planning to go and sit with later today.

Other than obviously ensuring i am in a fit state to drive, if the worst happens, am i liable for anything? I.e. loss of no claims, points on licence etc?

Thanks

Evanivitch

26,326 posts

151 months

Tuesday 20th September 2022
quotequote all
From Adrian Flux

Who is responsible for driving offences?
Penalties and fines
This is one of the first questions many supervisors ask when considering teaching someone how to drive. As supervisors are considered to be in control of the vehicle, the penalties for breaking the law are the same as if you were driving. So, as is the case with driving offences and penalties, this means you could receive a fine, points on your licence, or even be sent to prison – depending on the severity of the crime.

Power and responsibility
While driving instructors have dual controls, your friend or family member’s car won’t, so the only control over the vehicle you have is verbal, via the driver. There is an expectation that learner drivers will be aware of traffic laws before they start driving, so it is ultimately their responsibility to abide by them.

Speeding
Learner drivers are not exempt from speeding tickets and fines; they must follow the rules of the road. If a learner driver is caught speeding while under supervision, they will face a fine and points on their licence, not you. If the car they are using belongs to the supervisor, that person will get the letter. In this case, you can respond and nominate the learner as the person driving at the time of the offence.

Accidents
The person behind the wheel is responsible in the event of an accident – in most circumstances. However, if a supervisor is deemed not to be in control of the vehicle (for example if they are intoxicated) they could also be penalised.

Yellow Lizud

2,922 posts

193 months

Tuesday 20th September 2022
quotequote all
Evanivitch said:
From Adrian Flux

Who is responsible for driving offences?
Penalties and fines
This is one of the first questions many supervisors ask when considering teaching someone how to drive. As supervisors are considered to be in control of the vehicle, the penalties for breaking the law are the same as if you were driving. So, as is the case with driving offences and penalties, this means you could receive a fine, points on your licence, or even be sent to prison – depending on the severity of the crime.

Power and responsibility
While driving instructors have dual controls, your friend or family member’s car won’t, so the only control over the vehicle you have is verbal, via the driver. There is an expectation that learner drivers will be aware of traffic laws before they start driving, so it is ultimately their responsibility to abide by them.

Speeding
Learner drivers are not exempt from speeding tickets and fines; they must follow the rules of the road. If a learner driver is caught speeding while under supervision, they will face a fine and points on their licence, not you. If the car they are using belongs to the supervisor, that person will get the letter. In this case, you can respond and nominate the learner as the person driving at the time of the offence.

Accidents
The person behind the wheel is responsible in the event of an accident – in most circumstances. However, if a supervisor is deemed not to be in control of the vehicle (for example if they are intoxicated) they could also be penalised.
Well there you go - that sorts that question out !!

OP, do you have insurance to drive the car in question?



GasEngineer

2,335 posts

91 months

Tuesday 20th September 2022
quotequote all
Yellow Lizud said:
Well there you go - that sorts that question out !!
Does it ? ... the first paragraph says that the supervisor gets the fine and the third says the learner does.

RazerSauber

2,894 posts

89 months

Tuesday 20th September 2022
quotequote all
GasEngineer said:
Yellow Lizud said:
Well there you go - that sorts that question out !!
Does it ? ... the first paragraph says that the supervisor gets the fine and the third says the learner does.
From what I gather, the first paragraph refers to a professional driving instructor where the others refer to someone helping their child etc. The second paragraph mentions about dual controls.

deckster

9,631 posts

284 months

Tuesday 20th September 2022
quotequote all
RazerSauber said:
From what I gather, the first paragraph refers to a professional driving instructor where the others refer to someone helping their child etc. The second paragraph mentions about dual controls.
Disagree...the term "supervisor" makes no implication either way as to the professional status of the supervisor.

I'm going with "Page is internally inconsistent and entirely useless."

This one https://www.ukroed.org.uk/faqs/if-i-am-supervising... is no more definitive but does at least sound reasonable in what it says (precis: it's the learner's fault unless you specifically instructed them to carry out the offense).

BertBert

21,231 posts

240 months

Tuesday 20th September 2022
quotequote all
Please don't take AF website nonsense as anything like "facts"

Sebring440

3,200 posts

125 months

Tuesday 20th September 2022
quotequote all
BertBert said:
Please don't take AF website nonsense as anything like "facts"
Give us the facts then.


QBee

22,447 posts

173 months

Tuesday 20th September 2022
quotequote all
I think there is one simple rule - don't supervise anyone you don't trust.

By which I mean:
Trust to drive competently enough to control the car and
Trust to listen to what you say, and drive accordingly.

My daughter did her theory test first, then learnt the basics of car control and clutch control with an instructor.
I then took over and gave her the hours and hours of practice she needed to be able to build her confidence and deal with traffic and so an and take her practical test. I also taught her my failsafe method of reverse parking, both parallel and bay.
In all that time she had only two vaguely near misses, both from over-confidence.
In the 18 years since she has had no accidents and accumulated no points on her licence.

Yellow Lizud

2,922 posts

193 months

Tuesday 20th September 2022
quotequote all
GasEngineer said:
Yellow Lizud said:
Well there you go - that sorts that question out !!
Does it ? ... the first paragraph says that the supervisor gets the fine and the third says the learner does.
Correct, and that was my point. (Hence the exclamation marks.)

Benbay001

Original Poster:

5,888 posts

186 months

Tuesday 20th September 2022
quotequote all
Thanks guys. Think im going to risk it, ill let you know if i survive.

Yellow Lizud said:
OP, do you have insurance to drive the car in question?
Id be covered third party, through my own.


BertBert

21,231 posts

240 months

Tuesday 20th September 2022
quotequote all
I've supervised quite a few learners and it all seems fine, never had cause to be even close to an incident.

As others have said, I have quickly assessed whether the learner reacts to commentary/advice/commands from me and adjust accordingly.

Benbay001

Original Poster:

5,888 posts

186 months

Wednesday 21st September 2022
quotequote all
Hi all,

I survived and so did the car.

It was quite eye opening because initially the plan was to drive to Southampton city center but as soon as we set off it was clear she wasnt ready for that.

We drove around the housing estate at 10 mph less than the limit in 2nd and 3rd gear.

Hill starts were very impressive though.

Largechris

2,019 posts

120 months

Wednesday 21st September 2022
quotequote all
Benbay001 said:
Hi all,

I survived and so did the car.

It was quite eye opening because initially the plan was to drive to Southampton city center but as soon as we set off it was clear she wasnt ready for that.

We drove around the housing estate at 10 mph less than the limit in 2nd and 3rd gear.

Hill starts were very impressive though.
Was this a date then?

R0G

5,035 posts

184 months

Thursday 22nd September 2022
quotequote all
Yellow Lizud said:
OP, do you have insurance to drive the car in question?
Only needed if the supervisor is going to drive the car

Dracoro

9,025 posts

274 months

Thursday 22nd September 2022
quotequote all
R0G said:
Yellow Lizud said:
OP, do you have insurance to drive the car in question?
Only needed if the supervisor is going to drive the car
Which you should anticipate needing to do. A learner may get “stuck” (as in can’t do a manoeuvre or suchlike) or become overwhelmed/tired etc. and want you to drive back home etc.

BertBert

21,231 posts

240 months

Thursday 22nd September 2022
quotequote all
Dracoro said:
Which you should anticipate needing to do. A learner may get “stuck” (as in can’t do a manoeuvre or suchlike) or become overwhelmed/tired etc. and want you to drive back home etc.
Which is always possible, but I've sat with 6 kids through their learning and not had to take over once.
Bert
PS not all mine!

QBee

22,447 posts

173 months

Thursday 22nd September 2022
quotequote all
BertBert said:
Dracoro said:
Which you should anticipate needing to do. A learner may get “stuck” (as in can’t do a manoeuvre or suchlike) or become overwhelmed/tired etc. and want you to drive back home etc.
Which is always possible, but I've sat with 6 kids through their learning and not had to take over once.
Bert
PS not all mine!
On the other hand, I had to take over a couple of times in the early days when teaching my daughter - either to demonstrate "how to", as showing once is far better that telling 10 times, or when she became too tired or worried by the amount of traffic.

BertBert

21,231 posts

240 months

Thursday 22nd September 2022
quotequote all
QBee said:
On the other hand, I had to take over a couple of times in the early days when teaching my daughter - either to demonstrate "how to", as showing once is far better that telling 10 times, or when she became too tired or worried by the amount of traffic.
Yes not disagreeing! I'd always be comfortable knowing I had my doc insurance should it be needed. I've taught loads of kids driving over the years (the 6 mentioned) plus lots at the under 17 car club. A bit nerve wracking but fabulously rewarding. I almost contemplated taking up being a driving instructor as I entered my dotage biggrin But not for long though!

Yellow Lizud

2,922 posts

193 months

Thursday 22nd September 2022
quotequote all
R0G said:
Yellow Lizud said:
OP, do you have insurance to drive the car in question?
Only needed if the supervisor is going to drive the car
Sorry, you are wrong.

As a supervisor you must be able to take control of the vehicle at all times.
This is why you cannot drink alcohol, use a phone, fall asleep, etc. and is why you MUST have insurance to drive the car.