Motorist gets free driving re-test

A motorist who failed his driving test for the 15th time was successful in his appeal against the latest failed test — which means that a free re-rest was ordered.

“I am driving 49 years, I never had an accident in my life, I am 67 years old,” Raymond Heffernan said yesterday at Cork District Court.

Judge Tim Lucey noted that the Road Safety Authority was not represented in court for the appeal but he said it had been notified and the appellant was entitled to have his case heard.

After hearing evidence from Mr Heffernan of Mount Brosna, Mayfield, Cork, and independent driving tester, Darren Mullane, Judge Lucey said, “I am going to allow the appeal. I have heard no contrary evidence from the RSA.”

The successful appeal meant that Mr Heffernan will not have to pay €85 for another test.

The judge referred to evidence from Mr Mullane that fewer than nine minor faults would be a pass and that he — in a private test of Mr Heffernan’s driving — found seven minor faults in a test on Thursday. That would have been a pass. On the previous day he had 12 faults which would have been a fail. The expert said he never felt in danger at any time in the car.

Mr Mullane said the RSA should not have tested Mr Heffernan at all because his L-plates and registration plates did not meet standard regulations.

Mr Heffernan claimed the RSA had a vendetta against him. He said there were 37 Xs against him on his last test. Questioning how he could have clocked up so many X marks he said: “I shouldn’t be sitting here, I should be dead.”