A driving test is simply a stressful minute for many. However, sometimes the examiner’s decision raises doubts, and the case goes to court. This was the case in the case of a man who failed a applicable exam on the maneuvering area. After 5 years, the ultimate Administrative Court (NSA) issued a judgement that could affect future examinations.
Why didn't the examiner pass the test?
The exam ended rapidly – the driver candidate did not even leave the maneuvering area. Exercise ‘Moving forward and rearward’ has been assessed negatively due to the fact that the He didn't look through the back window. before moving backwards.
The examiner felt that just looking in the mirror was not adequate – the driver had a work a full assessment of the situation, including the look through the rear window. The man disagreed and appealed to court.
Court: The examiner has exceeded his/her powers
The case went through the self-government appeal college, the Provincial Administrative Court (WSA) in Opole, and yet went to the NSA. The key evidence was test recordingOn which you can see that the driver correctly set the mirrors and looked into them before maneuvering.
The WSA stressed that provisions do not specify a circumstantial technique assessment of space behind the vehicle. No request for a candidate He tilted his head and looked through the back window. – the correct usage of mirrors is enough. The court found that the examiner used its own criteria, having no basis in law.
Eventually NSA has overturned the examiner's decision, confirming that his assessment was unfounded. This is an crucial judgement that can affect the way exams are conducted in the future.
What does this mean for future drivers?
NSA judgement shows that examiners may not impose their own unjustified requirements. If the provisions do not specify a circumstantial method of performance of the task (e.g. mandatory rear-window view), the examiner is entitled to choose legal way, but convenient for each other.
It's a signal to the WORDs to make their assessments more transparent and in line with the law. If you think the examiner was with you Unrighteous, you can appeal – as this case shows, the court can stand on your side.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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