I was just wondering if you could ever be prosecuted for Driving without due care and attention while learning to drive?

"You commit the offence if your driving falls below the standard expected of a competent and careful driver."

Obviously while learning you can't be expected to be competent? Can you?

S.

I dunno but Ive wondered if the instructor/accompanying driver could face any charges if the learner doesn't drive too well during a lesson

id make the point that learners on motorbikes get prosecuted for anything and every thing

so yes they can

Yes, as I understand it teacher+learner=1 full driver. If a case of DWDC/DD then the teacher would also get prosecuted. Not sure about minor stuff or speeding.

Accompanying driver doesnt get done for a learner speeding- only the learner gets done
but i did always wonder bout careless/dangerous

The standard is an objective one and is applicable to all drivers. Learner drivers can be (and are) prosecuted for careless or dangerous driving.

I actually believe that BOTH the instructor and the learner could technically be prosecuted for careless/dangerous driving.

The instructor would be an 'accessory' to the standard of driving. It would really depend on the circumstances though... Could also be a difficult prosecution but similar has been heard...

Something along the lines of this:

http://news.bbc.co.uk/1/hi/england/lincolnshire/7741418.stm

I wonder what would happen in this scenario if the police had seen them:

http://news.bbc.co.uk/1/hi/scotland/edinbu...ast/7899473.stm

that driving examiner is at it. its an occupational risk and hes the first examiner to succesfully sue for an incident like this. the fact he has 2 more pending cases suggests to me that hes out to make as much money as possible here.

my mates drivin instructor had his car crashed last week- a learner ran into the car infront. in this case id expect the instructor to be done with something givin that he had dual controls available to him at the time of the crash

On a similar vein, I was told that I could be done for drunk driving if I was supervising a learner driver and had a few beers before going out?

I know it's not a good idea anyway, but is that the legal position?

A supervising driver can be guilty of aiding and abetting drink driving where the learner is drink driving.

A supervising driver can be held to be "in charge" of the vehicle and thus liable to the offences of in charge whilst unfit/over the prescribed limit - DPP v Janman citing earlier authorities.