This chapter contains advice and guidance on legal and other administrative matters with which examiners may become involved during the course of their work.
If the candidates vehicle is involved in an accident and they show no sign of stopping to comply with legal obligations, the examiner should inform them that they are required by law to do so and, if necessary, give advice about exchanging names and addresses. Bumper touches should be judged on merit. In most cases, provided there is no damage, an examiner may consider them insufficiently serious to be treated as accidents.
If the candidates vehicle is rendered un-roadworthy, or compliance with legal obligations leaves insufficient time to complete the test, then the test should be terminated The test should also be terminated if the candidate indicates that they do not wish to continue, or if the examiner considers it would be unwise to continue because the candidate appears to be suffering from shock or other adverse reaction, or is unduly nervous.
If the test is terminated, and the accident was clearly and totally the fault of the candidate, a DL25 should be issued. If the accident was clearly not the candidates fault then the test should be terminated without any result. If the examiner feels that it would not be appropriate to issue the DL25 at the time, eg candidate injured or very upset, it may be completed after the test and posted to the candidate.
As per the Accident and Incident Reporting Policy, all accidents and incidents of any kind must be reported to the Health and Safety team using the HS1 Incident report form.
Managers are accountable for ensuring that arrangements exist for recording all accidents and incidents where injury or damage has occurred, within their areas of responsibility.
Examiners are reminded that the H&S incident report form might be used by the agencys legal advisers in anticipation of legal proceedings against the agency or officials, and professional privilege may be claimed for it in appropriate cases. It should not be shown to the police or to any other person outside the agency. The SEO should be notified immediately of any request for it.
The driver of a vehicle involved in an accident which causes damage or injury to any other person, vehicle, animal or roadside property is required by law to stop, give the owners name and address, and vehicle registration details, and produce a certificate of insurance to any person who has reasonable grounds for requiring its production, or report the accident to the police as soon as reasonably practicable, and in any case within 24 hours and produce a certificate of insurance.
If an examiner is injured in an accident on test, they are advised to exercise their rights under these provisions and obtain the necessary insurance details at the time of the accident or as soon as possible thereafter, either from the parties concerned or from the police.
Separate instructions follow for England and Wales and for Scotland. If circumstances arise which do not appear to be covered by these instructions, they should be considered in the first instance by the HEO and the SEO. If it appears to them that further advice is needed, this should be obtained from Technical Standards at Nottingham.
The following instructions are based on the principles that:
Examiners have the same duties and obligations as any other person going about their daily business. If they witness an accident during the course of their duties they should: