based off what you have said so far:
If it were me.
I would call the number back. Tell them you want to file a written formal complaint against the tester. And then do it. I might even go so far as to go to the DMV office where you took the test and do it in person.
If they give you flack, tell them that your next step is to call the NY Dept of Motor Vehicles.
This is the procedure the DMV recommends.
http://nysdmv.custhelp.com/app/answ...sion/L3RpbWUvMTMzMTgxMTE1MS9zaWQvSUdTa2s4VGs=
IF that does not get results, contact your assemblyman.
http://assembly.state.ny.us/mem/
You have been denied something you paid for based off the irresponsible (and possibly illegal) actions of a state employee. How many others are in a similar position? That makes you an "aggrieved person". It's an important legal term especially in a civil matter. If this truly has happened like you said, you should have a legal recourse to get your license issued without a retest or else them paying for it.
IANAL and you have to remember what you paid for this advice.
Anyone feel they've been tricked on their road test?
Discussion in 'Questions From New Drivers' started by SonofSimmons, Mar 13, 2012.
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I appreciate that advice and will definitely try your suggestions - thank you!
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Also couldn't hurt to speak to the school about it too. Since you are planning on filing the complaint , they may be willing to help out on the vehicle.
Whats the worst they can say? pay again?Mommas_money_maker Thanks this. -
Idaho they can't ask or make you do anything illegal and you just tell them it is and keep driving if they fail you because of that it is on paper and you can talk to dmv.
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No tester should put you in a situation where you have to choose between the law and their instructions..that will scare someone into doing something wrong most of the time...the rules usually state you have to follow the tester's directions implicitly for the duration of the test because until you pass the test you are unlicensed and driving under his authority..only until you hold that license are you considered qualified to make the decisions of where that vehicle goes.
That being said..fight what happened..the tester was wrong for putting you in that decision..
he could have asked you a question stating" If I were to instruct you to turn onto this parkway..would that be legal or illegal for this vehicle to be on that road?" If you answered incorrectly then he would have reason for concern..would it fail you? dunno..depends on the tester I suppose.
He put you between a rock and a hard place and he endangered you, the vehicle, himself, and the motoring public by telling you to take a route that was illegal for the vehicle you were driving..as such he should be at least wrote up and warned..but I would personally hope they fire his ###
petey -
I was not tricked so much, but it was on the pretrip inspection. NOT WHILE DRIVING! that is just wrong.
My guy asked about the two air lines and the elec cable, "do you see three hoses?" I said, "no, two hoses and a cable of wires."
Then he walked us to the rear tandem tires, nodded at them and asked, "tell me everything about them." But he kept saying "and..." until I gave him the minimum tread depth for the front steer tires. At least he kept saying "and" and didn't just deduct points.
Then when starting the road test, THREE TIMES he made me roll the truck and pull the hand brake. This was all in a 12 foot section between where the truck was positioned by our school instructor and the white line of traveled traffic lane!!!!!!!!
The school instructor and the other students could not figure out at all, what I was doing! heheheheee They thought I could not get out of, or into first gear! Hehehehee
But after three commands from him to do that, he told me to proceed with the route. And never said a word during the four mile trip. Not where to turn or anything.
After pulling back in to the parking lot, he finally said, "shut the vehicle off and exit."
After I set the brakes, turned off the ignition, undid my safety belt and opened the door to climb out, he said, "you passed".
Only four out of the ten in our class passed the first day. But the rest did on the second try.
Mikeeee
Paying that much to rent the truck for testing sure sounds like a raw deal.
My school, while it only gave the knowledge to get the DL piece of plastic, it gave unlimited tries at the test.Last edited: Mar 16, 2012
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I think the OPS test is a good thing. They should be allowed to tell you to do things like that. New drivers need to realize they are incharge of the route of that truck. They are responsable for all the turns, clearances and restricted routes.
Becouse lets face it, We are not talking about going out and geting your drivers license when you have just turned 16. We are talking about your class A CDL. When you go in to take your drive test you should know all the rules and regulations. Becouse unlike when you get your drivers licence, When you get your Class A mom and dad is not going to be around to tell you to only drive during daylight hours, No friends in the car and no music.
However if it says they are not allowed to do stuff like that, then they should not untill the rule is changed. -
Either they should tell you or not, I dissagree...the law states that the proctor cannot instruct the tester to drive illegally.
Before I took my test, the instructor read a long-winded statement on what he was going to do, on what he was going to tell me on the road, to ignore him writing on the clipboard, and that he would never instruct me to make any illegal moves that could endanger the safety of those around us, the truck, or us inside.
It does make sence that the instructor would "test" the driver about turning illegally, but they should never tell them to make the move that could endagor everone else. -
The same question/test could have been administered by a route noted on a map and the question asked, "Is this a legal 80K truck route? Is it a legal passenger bus route?"
Mikeeee -
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