Granddaughter acquired 3 factors for dashing in driving lesson: DEAN DUNHAM

After her third driving lesson, my granddaughter received a summons for speeding. 

She has been told she will have three points on her licence when she gets it and that her insurance premiums will rise. 

As the car had dual controls, does responsibility not lie with the instructor?

Roy Sanders, via email.

You would have thought that responsibility would lie with the driving instructor in this case, or at the very least that the law would go easy on learner drivers. However, neither is generally the case.

Fast learner: A reader’s daughter received three points on her licence for breaking the speed limit during a lesson (file picture)

The law therefore provides that the basic standard expected of a learner driver is the same as that expected of any driver. This means there is only one acceptable minimum standard of driving and all drivers, including learners, must observe it.

The effect of this is as harsh as it sounds. Even learner drivers can be prosecuted for driving offences, including speeding and driving without due care and attention.

In other words, if the learner driver is in the driver’s seat, they are generally responsible, regardless of whether the instructor has dual controls at their disposal or not.

However, as with most areas of the law there are exceptions to the general rule.

The first is that if the instructor takes full control of the vehicle by engaging the dual controls and by grabbing the steering wheel, they are effectively ‘driving’ the vehicle.

In these circumstances, the instructor would likely be responsible for any driving offences committed during this time.

The second exception is that road traffic laws provide that a passenger (including a driving instructor) can become jointly liable for a driving offence by ‘aiding, abetting, counselling or procuring, or inciting’ the commission of the road offence.

What falls into this category would be assessed on a case-by-case basis but, in the past, the courts have found against driving instructors where they knew that the learner driver was driving in a manner they were aware fell far below the standard required of a competent and careful driver.

Or the instructor knew they had the opportunity to stop the learner driver from driving in that manner and deliberately did not take that opportunity.

Hotel refund fight 

I have a dispute with a hotel over a refund — as it was dirty when I got there — but it won’t refund me. What can I do?

Igli, via email.

Dean Dunham replies: The Consumer Rights Act states that when a trader provides a service (and this includes a hotelier providing use of a hotel room) the service must be carried out with ‘reasonable care and skill’.

Budget hotels will always argue that what is ‘reasonable’ will differ according to the star rating of the hotel. While I agree with this, it does not mean they can expect guests to stay in dirty rooms, as even the cheapest room must meet basic levels of cleanliness.

The law also provides that the room and hotel generally must meet the description provided by the hotel. If it fails to meet any of these requirements, it will amount to a breach of contract and, in these circumstances, the consumer is entitled to a reasonable remedy.

If you stayed at the hotel despite the cleanliness issue, it will not be reasonable to demand a full refund as you had use of the accommodation.

It is reasonable for you to expect a partial refund, to reflect the room was below standard. If you did not stay at the accommodation as the cleanliness fell below what you reasonably expected to find, you will be able to demand a full refund.

If the hotel refuses to provide a partial or full refund, you can turn to your card provider if you paid via credit or debit card.

If the booking was made within the past 120 days then go down the chargeback route and make sure you cite ‘breach of contract’ when filling out the complaint form.

If more than 120 days has elapsed and you paid by credit card, you can make a Section 75 claim — ask your bank for a form to fill.

• Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email [email protected]. No legal responsibility can be accepted by the Daily Mail for answers given.