After her third driving lesson, my granddaughter received a ticket for speeding.
She has been told she will have three points on her license if she gets it and her insurance premiums will increase.
Doesn’t the responsibility lie with the instructor, since the car had dual steering?
Roy Sanders, via email.
You would think that the responsibility in this case would lie with the driving instructor, or at least that the law would make novice drivers more lenient. In general, however, neither is the case.
Fast learner: Reader’s daughter got three points on her driver’s license for exceeding the speed limit during a lesson (file photo)
The law therefore states that the basic standard expected of a learner driver is the same as that of any driver. This means that there is only one acceptable minimum driving standard and all drivers, including learners, 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 careless driving.
In other words, when the student driver is behind the wheel, he or she is generally responsible regardless of whether the instructor has dual controls or not.
However, as with most areas of law, exceptions to the general rule exist.
The first is that when the instructor takes full control of the vehicle by engaging the dual controls and gripping the steering wheel, he/she is essentially ‘steering’ the vehicle.
Under these circumstances, the instructor is likely to be responsible for any traffic violations committed during this period.
The second exception is that traffic legislation provides that a passenger (including a driving instructor) can be held jointly and severally liable for a traffic offense by ‘aiding, encouraging, advising or instigating’ the commission of the traffic offence.
What falls into this category is assessed on a case by case basis, but in the past the courts have ruled against driving instructors where they knew the learner driver was driving in a manner that they knew was well below the required standard. of a skilled and careful driver.
Or the instructor knew that he had the opportunity to prevent the student driver from driving in that way and deliberately did not take advantage of that opportunity.
Fight over hotel refund
I’m in a dispute with a hotel about a refund (because it was dirty when I got there), but I’m not getting a refund. What can I do?
Igli, via email.
Dean Dunham replies: The Consumer Rights Act states that when a trader provides a service (and this includes a hotelier using 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 does not mean that they can expect guests to stay in dirty rooms as even the cheapest room should meet basic levels of cleanliness.
The law also stipulates that the room and the hotel in general must comply with the description provided by the hotel. Failure to comply with any of these requirements amounts to a breach of contract and in these circumstances the consumer is entitled to a reasonable remedy.
If you stayed at the hotel despite the cleanliness issue, it is not reasonable to demand a full refund since you used the accommodation.
It is reasonable for you to expect a partial refund because the room was substandard. If you did not stay at the accommodation because the cleanliness was lower than you reasonably expected, you can claim a full refund.
If the hotel refuses to issue a partial or full refund, please contact your card provider if you paid by credit or debit card.
If the booking was made in the last 120 days, follow the chargeback route and make sure you mention ‘breach of contract’ when completing the complaint form.
If more than 120 days have passed and you paid by credit card, you can make a claim under section 75. Ask your bank for a form to fill out.
- Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.