Driving instructor's presence during road test not invalidating failure

ATA/138/1996Court of Justice / Administrative ChamberMar 12, 1996Dismissed

Extracted by Omnilex

Omnilex summary

The appeal concerned a failed practical driving test. The only indicated circumstance was that the driving instructor was present in the car during the examination. The court rejected the challenge and upheld the test failure, finding no basis in the summary facts to annul the result on that ground.

Omnilex headnote

Art. 24 LCR; practical driving test; presence of the driving instructor in the vehicle does not, by itself, invalidate the examination result. A challenge directed solely against the failure decision fails where no additional irregularity or prejudice is shown.

Full text

Descripteurs

CIRCULATION ROUTIERE; PERMIS DE CONDUIRE; EXAMEN(EN GENERAL); MONITEUR DE CONDUITE

Normes

LCR.24

Résumé

Recours contre échec à examen de conduite rejeté. Présence du moniteur de conduite dans la voiture pendant l'examen pratique.

Keywords

road trafficdriving licencepractical examinationdriving instructortest failure

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the presence of the driving instructor in the vehicle during the practical driving test invalidated the failure decision.

Extracted holding

The failure decision was upheld; the instructor's presence did not render the examination invalid.

Extracted reasoning

On the available summary, the court found no ground to set aside the test result merely because the driving instructor was present in the car.

Driving instructor's presence during road test not invalidating failureAI generated