I hope you can help me with a dillemma:
So, my daughter had her 1st driving test after the pandemic, but she was failed for "creating a road hazard by stopping in the middle of the road", this was the examiner's explanation.
- She was taking the driving test with only the instructor and examiner with her in the car
- There was no dash cam, body cam, or anything else to corroborate her story
- The incident happened at an UNFLAGGED school crossing
- The time was approximately 2.40pm (within school times of 2.30-4.00pm) but there were no flags or crossing supervisor (Council cutbacks?)
- She was turning left at a roundabout, and immediately 50 meters later was the said school crossing.
- This was a divided road, with a school crossing on each side of the divider island.
- There were 2-3 young people (drunk/drugs/skylarking) around the other side of the road, going back and forth, pushing each other, eventially making their way to the divider in the middle of the road
- She slowed down, for fear they would run onto the road,
- When the people were close to her side of the road she genuinely thought they would step onto the road, and she stopped to let them cross
- Another car in the lane next to her also stopped
- The young people then crossed the road in front of her car
- The examiner immediately after that pulled her over and said she created a traffic hazard by stopping, and failed her on the spot.
- There is no dispute regarding the facts above.
The examiner AND instructor are sticking to their story: that the said "school crossing" was not officialy a crossing unless there are RED FLAGS erected on the poles next to the road. So this is to be treated as a normal open road. (After reading the Vic road rules, I reluctantly agree that this is correct in the road rules).
She was essentially asked to ignore the fact that young people/adolescents were skylarking around the road, ignore that may run onto the road at any time, and DRIVE ON!
Now, I did my driving test more than 45 years ago (in Qld in the good old days of Joh Bjelke Petersen), but I learnt from some of my copper frieds at the time that on the road THE PEDESTRIAN IS KING! No matter what, you are not allowed to hit a pedestrian. If you hit a pedestrian, you WILL be investigated, and unless you have all your ducks in a row (you were not speeding, not drunk, alert, braked on time, took reasonable action etc,) you WILL BE charged, EVEN IF THERE IS NO CROSSING MARKED.
According to (everyone) she has no course of redress or appeal to VicRoads
Our view in this case that, (forget the fact that it was a school crossing in school times) my daughter should have been commended for taking extra care to not injure people on the road while driving, SHE WAS FAILED!
I would appreciate you thoughts what she should do. I think she should forget it and move on, and she does not want to complain and get a "black mark" on her Vicroads records for fear of future discrimation.
Thanks for your attention in reading this, please advise.