Home Money Granddaughter was caught speeding during a driving lesson. Is the instructor responsible? DEAN DUNHAM responds

Granddaughter was caught speeding during a driving lesson. Is the instructor responsible? DEAN DUNHAM responds

0 comment
Learn fast: Reader's daughter received three points on her license for breaking the speed limit during a lesson (file image)

After her third driving lesson, my granddaughter received a speeding ticket.

He has been told that he will have three points on his license when he gets it and that his insurance premiums will increase.

Since the car had dual control, isn’t the responsibility of the instructor?

Roy Sanders, via email.

You would think that the responsibility would fall on the driving instructor in this case, or at least that the law would be lenient on learner drivers. However, generally neither is the case.

Learn fast: Reader’s daughter received three points on her license for breaking the speed limit during a lesson (file image)

Therefore, the law states that the basic standard expected of a learner driver is the same as expected of any driver. This means that there is only one minimum acceptable standard of driving and all drivers, including students, must adhere to it.

The effect of this is as harsh as it sounds. Even novice drivers can be prosecuted for driving violations, including speeding and driving without due care and attention.

In other words, if the novice driver is in the driver’s seat, he or she is generally responsible, regardless of whether the instructor has dual controls at his or her disposal or not.

However, as with most areas of the law, there are exceptions to the general rule.

The first is that if the instructor takes full control of the vehicle by activating the dual controls and grabbing the steering wheel, they are effectively “driving” the vehicle.

In these circumstances, the instructor would likely be liable for any driving violations committed during this time.

The second exception is that traffic laws provide that a passenger (including a driving instructor) can be held jointly and severally liable for a traffic violation by “aiding, abetting, advising, or facilitating or inciting” the commission of the traffic violation.

What falls into this category would be assessed on a case-by-case basis, but, in the past, courts have ruled against driving instructors when they knew the learner driver was driving in a way they knew was well below the required standard. of a competent and careful driver.

Or the instructor knew he had an opportunity to stop the novice driver from driving that way and deliberately did not take advantage of that opportunity.

Fight for hotel refund

I have a dispute with a hotel about a refund as it was dirty when I arrived but they did not refund me. What I can do?

Igli, by email.

Dean Dunham responds: The Consumer Rights Act states that where a trader provides a service (and this includes a hotelier providing the use of a hotel room), the service must be carried out with “reasonable care and skill”.

Budget hotels will always argue that what is “reasonable” will differ depending on the hotel’s star rating. While I agree with this, it doesn’t mean you can expect guests to stay in dirty rooms, as even the cheapest room should meet basic levels of cleanliness.

The law also states that the room and hotel generally must meet the description provided by the hotel. Failure to comply with any of these requirements will amount to a breach of contract and in these circumstances the consumer is entitled to reasonable relief.

If you stayed at the hotel despite the cleanliness issue, it will be unreasonable to demand a full refund since you made use of the accommodation.

It is reasonable to expect a partial refund, to reflect that the room was substandard. If you did not stay at the accommodation because the cleanliness was below what you reasonably expected, you may request a full refund.

If the hotel refuses to provide a partial or full refund, you can turn to your card provider if you paid by credit or debit card.

If the reservation was made within the last 120 days, follow the chargeback route and be sure to mention “breach of contract” when completing the complaint form.

If more than 120 days have passed and you paid by credit card, you can file a Section 75 claim; Ask your bank for a form to fill out.

  • Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Daily Mail cannot accept any legal responsibility for the responses given.

You may also like