Tester was rude to me, learner driver tells court

A learner driver claimed yesterday that the driving tester who failed her in her attempt to get a driving licence was rude and wrong to tell her that she should try to avoid potholes.

Emilia Cobalik, who lives at an apartment at The Elysian, Eglinton St, Cork, brought an appeal to Cork District Court against the Road Safety Authority.

Solicitor Edward O’Hanlon, for the RSA, called witness Donal Daly, the driving tester who tested her on September 1.

Mr Daly said the test took 30 to 35 minutes at lunchtime on the date and went through Glasheen and Togher.

He said Ms Cobalik was failed because of 11 grade 2 faults, which related to matters such as failing to make observation on pulling away from a kerb and poor reaction to hazards.

Mr Daly said there were no grade 3 serious faults such as failing to stop at a stop sign.

Ms Cobalik said: “I was told by Mr Daly I should avoid potholes. How can you avoid potholes? You may end up on a kerb. I don’t think that was a good thing to mention by Mr Daly.

“I believe he was not very nice to me. I was talking to him [after the test on way to office] and he completely ignored me.” Ms Cobalik thought this was rude.

Judge James O’Connor said there was no obligation on the tester to talk to her and that nice was a relative matter. He dismissed the appeal.

Ms Cobalik did not challenge the competence of the tester but said: “Perhaps he had a bad day.”

The judge said: “I am happy the test was properly conducted and it was fair.”


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