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Driving Instructors

  • 01-08-2008 10:59am
    #1
    ast
    Registered Users, Registered Users 2 Posts: 26 ✭


    20% of driving instructors failed professional testing

    This got me wondering.

    If someone with a current driving license was to fail the driver theory test i.e. demonstrate that they do not have a good grasp of the rules of the road, could this have any legal implication on their ability to drive?

    I’m guessing no; you are just supposed to follow the rules of the road not actually know them. It is a little inconsistent to as you currently have to pass the driver theory test in order to get a driving license in the first place.

    On another note, purely hypothetical situation, not looking for legal advice just interested.

    What would be the position of an individual who paid for lessons from one of these 'failed' driving instructors? In short is there any consumer protection from individuals teaching something that they do not know? From my understanding of consumer law most of it rests on the goods or services delivered; what happens when the service is completely intangible?


Comments

  • #2
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    ast wrote: »

    If someone with a current driving license was to fail the driver theory test i.e. demonstrate that they do not have a good grasp of the rules of the road, could this have any legal implication on their ability to drive?

    No. The Rules of the Road is not a legal document. It is a guideline on best practice when driving. It does state certain legal responsibilities, but a breach of any one of these is an offence in its own right, not a breach of the Rules.
    ast wrote: »

    What would be the position of an individual who paid for lessons from one of these 'failed' driving instructors? In short is there any consumer protection from individuals teaching something that they do not know? From my understanding of consumer law most of it rests on the goods or services delivered; what happens when the service is completely intangible?

    A contract for service has an implied term that that the supplier has the necessary skill to render the service (section 39 of the Sale of Goods and Supply of Services Act 1980). If the supplier does not have the necessary skill, it is a breach of contract.

    Consumer protection is not my forte so I would recommend looking on the website of the National Consumer Agency (www.nca.ie).


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