Page last updated at 17:45 GMT, Monday, 8 September 2008 18:45 UK

Puddle splash driver fails test

Michelle Kelly
Ms Kelly must now re-take her test

A driving examiner failed a woman on her test after she splashed a pedestrian by driving through a puddle.

Michelle Kelly, 31, from Blackley, Manchester, was told she should have stopped to exchange details with the man, who was waiting at a bus stop.

The mother-of-two protested that if she had swerved to avoid the puddle she might have caused an accident.

She was told her actions constituted a traffic offence - a view shared by the Driving Standards Agency (DSA).

Ms Kelly said the decision was "ridiculous".

She said: "It was my third test and I was really confident. To fail for something like that really annoyed me.

To fail for something like that really annoyed me
Michelle Kelly

"It's ridiculous. Why should you hand over your details? What good would that do?

"It wasn't as though I'd deluged this pedestrian. And if I'd swerved to avoid the puddle I might have caused an accident."

The DSA said it could not comment on specific details of practical driving tests due to data protection laws.

But it pointed out that motorists should have consideration for others, including pedestrians, who can possibly be drenched by passing vehicles.

Its advice is that, where possible, a driver should avoid drenching pedestrians and a failure to do this would be sufficient grounds for failing a driving test.

The Road Traffic Act contains an offence of "careless, and inconsiderate, driving" and Crown Prosecution Service policy states that bad or inconsiderate driving includes driving through a puddle causing pedestrians to be splashed.

Courts may impose fines of up to 2,500 for such an offence.

Ms Kelly now faces taking her test again - for the fourth time.

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Michelle Kelly was told to exchange details with the pedestrian




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