I was recently talking to an MSA member who asked what happens if a pupil goes into a bus lane, during its period of operation, on a driving test. Answer – Most likely the test candidate will fail and a fixed penalty notice may be on its way.
Who pays? The answer is of course the vehicle keeper named in the log book – unless of course they have an agreement for someone else to pay. This is because bus lane offence like parking violations are not endorsable offences so that the local authorities who pursue these kinds of transgressions do not need to find the driver just the vehicle keeper. Driver trainers who have hired or leased their tuition vehicle will find in the agreement that they are responsible for these contraventions.
However, it is possible to pass this liability on to the pupil when they’re on their driving test and the MSA Terms of Business for ADIs states, in section:
- 12) Legal Liability
- c) During an official driving test the client is in charge of the vehicle and is liable for any fines or charges levied as a result of any motoring offence committed.
Someone else who was listening said they had added an extra clause into their Terms of Business to state that the client was responsible for the insurance excess if they were involved in an accident whilst on the driving test. He said it helped focus young minds when he was suggesting to a client that they might not be ready for test yet.
Let me know if you think that should be added into the MSA Terns.
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