A MUM failed her driving test - for splashing a pedestrian when she drove through a puddle.
Michelle Kelly said the examiner's decision was `ludicrous'.
And she says she couldn't believe it when she was told the incident was classed as having a crash and she should have exchanged details with the soggy bystander.
Michelle, 31, was more than half way through her test when she went through a puddle on Hazelbottom Road, Blackley.
Water showered a pedestrian who was standing at a nearby bus stop.
But Michelle, from Blackley, continued on her way back to the test centre in Cheetham Hill.
She said: "I pulled in at the centre and the examiner said he'd failed me. He then spoke at length about the splashing. I didn't do it on purpose and didn't really think that much of it at the time but he said it was a fault.
"Apparently it constituted a traffic offence and he was treating it as a road accident.
"He said I should have pulled over and exchanged details with the pedestrian."
The Highway Code does not specifically mention splashing pedestrians but rule 144 states you must not `drive without reasonable consideration for other road users' while rule 147 says `Be careful of and considerate towards all types of road users'.
Michelle, who works for a funeral director and has two boys, said: "It was my third test and I was really confident.To fail for something like that really annoyed me.
"It's ridiculous. Why should you hand over your details? What good would that do? It wasn't as though I'd deluged this pedestrian. And if I'd swerved to avoid the puddle I might have caused an accident."
Michelle said she was now faced with a bill of around £200 bill to take the test again.
"It's a right pain," she said. "I'll have to wait until I get paid again. Then it's nearly £60 for the test, £40 to use the car for the test and I'll have to have more lessons in the meantime."
She also said more needed to be done to make learners aware of the splash laws.
"I spoke to a firm of driving instructor's with over 60 years experience and they had never heard of it."
A spokesman for the Driving Standards Agency said they were investigating what had happened.
What do you think? Have your say.
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Lisa Moore...Wilmslow...Cheshire (08/09/2008 at 06:36)
Only 2-3 weeks ago a car deove through a big puddle and splashed me and I was soaked to the bone.
People like this must not be allowed on the road.
midway, West Germany (08/09/2008 at 07:38)
Sir Reginald Ringpull, A-u-L, Lancashire (08/09/2008 at 08:52)
"Michelle Kelly said the examiner's decision was `ludicrous'. "
It is also a motoring offence punishable by a fine and points of your licence! (Driving without due care and attention)
Trudy, Bolton (08/09/2008 at 09:01)
anne bartlett, eccles (08/09/2008 at 09:34)
Black Flag (08/09/2008 at 09:37)
Why? Have we really become so used to living in a nanny-state that people are beginning to completely lose the capacity for independent thought?
It shouldn't need laws to tell people that they shouldn't splash pedestrians. Basic good manners and consideration should tell you that.
David of Ashton, Ashton (08/09/2008 at 09:46)
Frostee, Oldham (08/09/2008 at 09:56)
If she had moved out gradually before reaching the puddle there would be no need to 'swerve'. And if the puddle being approached covered the whole road then she should have slowed down so as not to cause an offence.
I wonder what the pedestrian thought?
irrelevant, Salford (08/09/2008 at 10:01)
A lone Cumbrian gazing through the mist (08/09/2008 at 10:10)
Good!
Peter M, Mcr (08/09/2008 at 10:11)
Trudy: yes, pedestrians are road users as well (hint: the road includes the footway as well). If you have a driving licence, you should read the Highway Code again.
synikal, Manchester (08/09/2008 at 10:18)
Sir Reginald Ringpull, A-u-L, Lancashire (08/09/2008 at 10:24)
"what a load of rubbish,why do people insist on standing right next to a puddle???"
It is a government initative to raise rvenue.
Taken from the Times newspaper 21 December 2007:
"Motorists will face tougher penalties for driving misdemeanours ranging from using mobile phones to splashing pedestrians, under new guidelines published yesterday.
They could be fined up to £2,500 for driving through a puddle and splashing pedestrians." (end of quote)
It is a foolish person that ventures out not knowing what this government does in its methods of revenue raising.
Laura Norder, Didsbury (08/09/2008 at 10:29)
As an aside: shouldn't the examiner - he was technically 'in charge' of the vehicle at the time of the test - have instructed Ms kelly to pull over and supply relevant details to the pedestrian?
I'm asking as I genuinely don't know.
adders, Co.Cavan ex Manchester (08/09/2008 at 10:34)
Never mind, you always talk wet anyway.
Black Flag (08/09/2008 at 10:42)
If she'd hit another car, I very much doubt the examiner would have let her drive off without leaving her details, so, if he genuinely believed this was an incident which required an exchange of details, surely he should have done the same.
Dave Dave (08/09/2008 at 10:43)
This isn't news.
I was disappointed with the amount of chocolate chips in my cookie I bought on Tuesday. Do you want to do a piece on that as well, MEN?
Mike S, Manchester (08/09/2008 at 10:45)
It's also technically assault and a criminal offence, so she should have stopped and apologised to the pedestrian - how about paying for the dry cleaning?
Ace Shakepseare, manchester (08/09/2008 at 11:03)
Jodie Hegarty, Manchester (08/09/2008 at 11:11)
Chez26 (08/09/2008 at 11:25)
The Equaliser, London (08/09/2008 at 11:33)
Not a thought for the splashed person due to your ignorance.
I hope you fail again and perhaps Money will not be your first thought.
Bean B4, manchester (08/09/2008 at 11:38)
"I'm asking as I genuinely don't know".
Blimey - there's a first.
Buth thankfully, our legal eagle - with not much to do - Black Flag came to the rescue.
Two Barrack Room lawyers of the highest water.
L L Fontelroy (08/09/2008 at 12:09)
Lobster (08/09/2008 at 12:10)
Also, was the pedestrian in a position to take notice of the puddle when continuing to walk. I know this all too well on some parts of Monton Rd, there are large puddles with not much room for cars too manouver in rush hr traffic & the pavements are small. When I am walking along, I ensure I am not next to the puddle when a car is about to go past. Common Sense really!
So, this may not entirely be her fault & I also think the unstructor should have made her exchange the relevent details as would with a collision with another vehicle.
Better drainage & Roads may have also helped too !?