Taking your test? - illegal conditions being imposed

6 messages
17/06/2011 at 14:58
Hi guys, haven't been on here for a while now but nice to see some familiar names still hopping around.

http://www.dft.gov.uk/news/news-items/dsa-news-20110616

For those who don't wish to read it, it is basically saying that test candidates arriving in "non suitable" clothing will have their tests cancelled at their own expense. Given that the law states nothing more than a helmet and underpants are required, there is no legal obligation to wear protective clothing and that these "terms and conditions" are not made clear to applicants prior to booking the tests it will be interesting to see if there are any future court challenges on what appears to be a potentially illegal requirement for safety gear during the test.

I am not anti gear I might add but I do feel that it should be a choice not a legal requirement. Not to mention if it isn't illegal to ride on the road without gear then why is it not allowed for a candidate to take a government sponsored road test without it?


Your thoughts?

If the Earth is the size of a pea in Britain, then the Sun is a beachball 50m away, Pluto is 4km away, and the next nearest star is in Tokyo. Now shrink Pluto's orbit into a coffee cup, then our Milky Way Galaxy fills North America

Edited: 17/06/2011 at 15:04
17/06/2011 at 19:23

try turning up for a track day and saying "well i am wearing a legal helmet( but not acu approved )and i have got wollen gloves and am wearing  a pair of trainers , what would happen

and i think it is the terms and coditions now ( maybe needs a legal challenge in court )

 http://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/PracticalTest/DG_178328

Wear the right clothing for your test

Talk to your trainer about choosing the best clothing you can afford. It's important to always wear the right clothing:

  • during training
  • when taking your tests
  • after you pass your test

If you arrive for your test and are not wearing the right clothing:

  • your test might not take place
  • you might lose your fee
18/06/2011 at 10:41

OK - I'm going to use loose language because it's the principles I'll try to convey, not legalese.

 Hmmm ... I'd say turning up to a trackday is purchasing a service from a private company. Services provided by private companies are subject to terms and conditions that they choose to impose, such as decent quality safety gear.

I'd regard turning up to take your test as using the services of a government agency. It would seem to me to be logically consistent to offer those services within the framework of the laws imposed by the government that apply to the subject in hand - i.e. motorcycling in this situation. I don't see by what right they might request additional safety requirements. The law stipulates only legal safety gear required for motorcycle riding is helmet - then this should be the minimum requirement for taking your test. Taking a motorcycle test involves the risks inherent in riding a motorcycle, it would seem reasonable for this statement to be included in registering for the test and acceptance of this raisk on behalf of the attendee.

20/06/2011 at 09:59
I'm not convinced that would hold up tbh. If for example a rider was injured whilst wearing the (basically pretty crap) gear recommended by the DSA then the DSA would hold some liability for implying that the gear was good enough (i.e. jeans, denim jacket and sturdy trainers), more liability than they would have if they had just said that there is an inherent risk to riding a motorcycle. Test candidates probably should wear protective clothing but I struggle to see how refusing to test candidates without it is a reasonable and legal measure.




If the Earth is the size of a pea in Britain, then the Sun is a beachball 50m away, Pluto is 4km away, and the next nearest star is in Tokyo. Now shrink Pluto's orbit into a coffee cup, then our Milky Way Galaxy fills North America

21/06/2011 at 19:13
Thin end of the wedge.
22/08/2011 at 13:10

Kev is right, it is that duty of care they have. It wouldn't be good enough the tester or the instructor saying you should wear this. If an accident were to happen any close relative could take legal action and say you're the professional, you know better, so why didn't you stop them riding?

 

PS hi Kev, it’s that other Pete with the GPz 900r from the Go Ride Forum that broke your walkie talkie. Wondered where you went too, great to see you’re still handing out the good advice mate.

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