WHEN LIGHTS BLOW DURING SHOW ME TELL ME

Anumber of ADIs have written in to Driving Instructor to complain, in very angry terms, about driving tests being terminated when a light bulb blows, when being switched on, following candidates being asked to show how they would check that the headlights were working properly.

Hughes Guide to Traffic Law for the Enforcement Officer states, in the section on Maintenance of Lamps that 'It is wrong to say 'if it is fitted it must work''. The relevant law is stated in Part III of the Road Vehicles Lighting Regulations 1989, regulation 23, which states in paragraph (1) that:
'No person shall use, or cause or permit to be used, on a road a vehicle unless every lamp, reflector, rear marking and device to which this paragraph applies in good working order and, in the case of a lamp, clean.'

There follows, in paragraph (2), a long list of lamps and lights to which the regulation applies, including all the lights usually fitted to a typical training car. However, the same regulation goes on to state:
(3) 'Paragraph (2) does not apply to-
a defective lamp, reflector, dim-dip device or headlamp levelling device on a vehicle in use on a road between sunrise and sunset, if any such lamp, reflector or device became defective during the journey which is in progress or if arrangements have been made to remedy the defect with all reasonable expedition;'

Despite this clear statement of the law, the DSA has sent out a circular, instructing all examiners to terminate any test where a bulb is found not to be working and this cannot be put right within a few minutes of it being noted. The DSA's Chief Examiner has made clear that a car with a defective light is not 'suitable for the purposes of the test' and that DSA has a duty to protect its staff from the risk of being on-duty in a car without fully functioning lights.

Candidates hire the use of the instructor's car for the purpose of the test, so ADIs could well find themselves being sued for the cost of the aborted test and for the consequent delay in getting another test booking, if time was 'of the essence' for the candidate.

Therefore, we advise all ADIs to do the following:

1. Check to ensure that all lights are working at the start of every working day,
2. Check them again with the candidate on arriving for every practical test,
3. Have a full set of light bulbs in the car, to cover all those fitted to the car and likely to be tested on the Show Me / Tell Me part of the test, together with appropriate tools,
4. Have practised in advance, to ensure that they can change any of these bulbs within 2-3 minutes,
5. Ensure that they are 'on hand' (without interfering) throughout the Show Me / Tell Me section of each test,
6. Have a clause written into their Terms of Business to ensure that they will not be liable for any failure of lights during any test, since these will have been checked by candidate and instructor together on arrival at the test centre,
7. Ensure that they arrive for tests early enough to carry out such a test.