Supervising a learner

[ScoobyChris]

Posted on another forum - wonder if anyone had the legal standpoint on this? Common sense would suggest they sit in the front but I wonder if the law agreed?

Hi, ive searched everywhere and cant find the answer to my question, was hoping you can help? Ive got my own car, am insured and everything but havent passed my test yet, so my dad comes out driving with me, as hes the only person i know over 21 with a license, but does he have to sit in the front with me? can he sit in the back? ive been taking my whole family out you see and my mum wants to sit in the front but because she doesnt have a license my dad wont let her. Can you help? lol Thanks

Chris

[ScoobyChris]

Thanks Dave - the only reason I could think for being in the back would be to be further away from the point of impact!

Chris

[steev]

I have a friend who is a Magistrate so asked him to check this out. His reply was that he can find nowhere in law that says the supervisor must be in the front, then went on to say that if ever it came to court he suspects a very rapid ammendment would be made.

It would be nice to think that good old common sense prevailed, but then again we are in the real world.

[ROG]

As a little add on to this......
The extra insurance cost to have an under 25 learner named on my fully comp insurance worked out to over £500 PA - money better spent on lessons me thinks

[waremark]

As alittle add on to this......
The extra insurance cost to have an under 25 learner named on my fully comp insurance worked out to over £500 PA - money better spent on lessons me thinks

But probably no more expensive to add the youngster as a learner than to add the same youngster a few months later as a new driver.

I think research has shown that the best learning to drive result is generally achieved by a combination of ADI training with practise in the family car. In my case, I certainly thought it was essnetial to have a car insured for my children to drive, but then I regarded myself as their main instructor, with a little help at the end from an ADI to make sure they were going to pass their tests as well as knowing how to drive. The relevant insurance cost was an increase from £350 (wife and I) to £1,050 per year.

[martine]

but then I regarded myself as their main instructor, with a little help at the end from an ADI to make sure they were going to pass their tests as well as knowing how to drive.

That's so telling and true.

[steev]

I have an answer from my friends at the Police National Legal Database. I made a part fo it bold to highlight the relevant bit.

>>>

This one took a while but we managed to find the answer.

It is not in either the Road Traffic Act or the driving licence regulations
but it is a decided case - Rubie v Faulkner (1940). A supervisor of a
learner driver is required, not to provide tuition to the learner, but to
'supervise'. That means doing whatever might reasonably be expected to
prevent the learner driver from acting carelessly or endangering others.
The duty includes being in a position to take control of the vehicle in an
emergency. If the supervisor is not able to do this, either because of
his/her physical state or being out of the vehicle (e.g. giving
directions), the condition will not be fulfilled. There is a number of
other cases as well as this.

We would suggest that a qualified driver must be sitting beside the driver
to fulfil their responsibilities.

<<<<<<

So if you could convince the judge that from sat in the back you were able to take control then you'd be OK but in reality I think you'd lose.