Man who failed driving test 10 times fails in appeal bid
“I don’t think I will ever pass a test in this country,” Raymond Heffernan told Cork District Court as Judge Tim Lucey rejected his appeal yesterday.
Mr Heffernan, 61, of Mayfield, Cork, did his latest test on May 25, and while one category three fault — dangerous or potentially dangerous — would have been enough to fail him, he committed five. He also had 19 category two faults, which are serious transgressions.
During his appeal, Mr Heffernan cross-examined his tester, Kevin Condren. “Isn’t it amazing that there was no accident occurring?” he said. “I am driving 44 years and I would say I am after forgetting more than you will ever learn about driving.”
“Having been in the car,” replied Mr Condren, “it is amazing there was no accident.”
Mr Condren detailed one of the category three faults.
“On three occasions, I told him as we were approaching a mini-roundabout that we would be taking the second exit but he approached the mini-roundabout and drove straight through it.
“He drove on to the link road and changed lanes twice without observation, forcing another car out of its lane. As he did this he said: ‘So, where is this mini-roundabout?’”
When Mr Heffernan asked: “Were you in danger in my vehicle?” the tester replied: “I was in potential danger on five occasions.”
When solicitor Edward O’Hanlon put it to Mr Heffernan that Mr Condren was correct about all the test findings, he replied: “This is totally wrong, this never happened, these Xs could not have happened unless he was in another car with somebody else. He certainly was not in my vehicle.”
Judge Lucey said: “I am finding as a fact that Mr Condren did test the appellant properly… I refuse the appeal.”
“How do I know I am going to fail a test even before I get there? I am not psychic,” said Mr Heffernan. “I think if I did it in the morning, if I turned the key in the ignition they would say I turned the key the wrong way.”
