Learners - Who is driving?

A (woman) learner drives through a barrier onto a train line, barriers come down and she realises she has made a ballsup and reverses back
smashing the barrier and hits the car behind.
She was fined and banned for dangerous driving.
She had a qualified driver in the car supervising her and they faced no charges.
I thought that was what the qualified driver was for, to take over in an emergency or better still not allow an emergency in the first place.
http://www.bbc.co.uk/news/av/uk-england-essex-41014353/foolish-level-crossing-hopping-learner-driver-convicted
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On 8/22/2017 4:44 PM, Ted wrote:

Probably went for the easy prosecution. Assuming it wasn't a dual control car, very difficult to assign guilt if the passenger asserts that they were shouting at the driver to stop. Once past the barrier, reversing through the barrier and into a car is probably the safest option.
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On Tue, 22 Aug 2017 17:23:14 +0100, newshound

Why not forward into the barrier where there is no car to hit? - -
"We CAN hide forever." - Klaun Shittinb'ricks (1940 - ), acknowledging that he will NEVER prove where he infests or give his real jew name
Iudaei orbem terrarum infestant. - correct Latin
"Die Juden sind unser Unglück!" - Heinrich von Treitschke (1834 - 1896)
"First they came for the Socialists, and I did not speak out because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out because I was not a Trade Unionist. Then they came for the jews, and I did not speak out because I did not give a shit. Then they came for me and there wasn't a single commie bastard left to speak for me." - Martin Niemöller (1892 - 1984)
Illuc nisi Dei gratia vadam. - Revd Terence Fformby-Smythe (? - )
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On 22/08/2017 17:23, newshound wrote:

But why was the next car driving right up behind when that driver could see that the learner car went through the barrier and might need to reverse?
Wasn't that just like: "Not my problem mate".
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On 26/08/2017 09:44, johannes wrote:

On a point of detail, the learner did not "go through the barrier", she went under the barrier, past the lights.

If I'd been in the car behind I would have behaved no differently. I'd have assumed she would keep going and out the other side - as others have already said was perfectly feasible given the barrier on t'other side comes down that bit later.
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Robin
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On 26/08/2017 11:56, Robin wrote:

and it is possible that the following car would NOT have followed an identifiable learner
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MrCheerful submitted this idea :

Except she wasn't displaying L plates.
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On 26/08/2017 12:10, Harry Bloomfield wrote:

My point exactly
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On 26/08/2017 14:38, MrCheerful wrote:

Still wrong to follow the car below the barriers
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On 26/08/2017 11:56, Robin wrote:

I don't think I would have made any assumption. I give L-plates a wide berth in situations just like this where there behaviour may not be the same as an experienced driver.
I would expect you may well still be 10% at fault and possibly lost your NCB if not protected. Either way there are good reasons why even a no-fault accidents puts up your premium.
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On 26/08/2017 12:30, Fredxxx wrote:

There were no L plates on the car to give anyone a clue.
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On 26/08/2017 11:56, Robin wrote:

Once the lights and sound has started, you should not make a judgement whether it was feasible or not, rather make allowance for anything to happen, even the possibility of assisting someone else in trouble. What's the rush?
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On 22/08/2017 16:44, Ted wrote:

The qualified driver is there to supervise; the learner driver (LD) is, ahem, the driver and on the hook for offences (and hence needs a licence and insurance).
The supervising person can be guilty of an offence - eg using a handheld mobile phone - but is not on the hook for all the LD's actions or inactions. It'd be a bit hard on instructors if they were: eg it'd be dead easy for an enemy to pay someone to book a lesson and run up enough penalty points and damage to put the instructor out of work.
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On 22/08/2017 17:26, Robin wrote:

On reflection that needs qualification. Supervising drivers are held to be in control of the car, and they are prosecuted for things like supervising a learner while pissed or stoned. But it doesn't follow that their tender bits are on the block for everything the learner does.
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On Tue, 22 Aug 2017 16:44:45 +0100, Ted

"British Transport Police said Akingbogun, who was with a qualified driver at the time, caused £1,100 of damage to the barrier. It was a "rather foolish manoeuvre", it said"

Was that really dangerous driving? Looking at the photo the car ended up clear of the tracks. It obviously wasn't ideal, given the damage to the barrier and the cars, but given the situation it could have been a lot worse.
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On 22/08/2017 17:54, Caecilius wrote:

Going through the red flashing lights when the barriers are coming down is the dangerous driving part.
Jeff
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On 22/08/2017 19:29, Jeff wrote:

Not accellerating and driving over was even worse, there is even enough space 'before' the exit barrier to park up and wait. I am very familiar with that crossing and very frequently there is a Police van filming there, plus the railway cameras, so it must see plenty of red light jumping.
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On 22/08/2017 17:54, Caecilius wrote:

Indeed. There was time for her to keep going and exit the contested space before the second barrier on her side of the road descended.
If it had been a dual control car then I reckon the driving instructor could be held responsible if he had stamped on the brakes too late.

And could have been entirely avoided if they had just kept on going at a steady pace or speeded up a bit - there was time and space to do so.
Either way a bit of bent metal and points is better than being smashed to total oblivion by a side swipe from an express train.
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On 22/08/2017 17:54, Caecilius wrote: <snip>

The test of dangerous driving isn't whether people are killed or injured, it's whether the driving was (a) far below what a competent and careful driver would achieve and (b) obviously dangerous to a competent and careful driver. On that basis ISM she was bang to rights. Didn't stop and didn't keep going having failed to stop; and put at risk pedestrians behind her, people on the train which might have struck the car if the vehicle behind hadn't reversed, and of course the supervising driver.
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Robin
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On 23/08/2017 14:08, Robin wrote:

How competent is a learner driver?
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