Examiner Conduct on Test: Your Rights and What to Expect

#The examiner code of conduct

DVSA examiners are bound by an internal code that governs how they behave during a test. They must be polite, give clear instructions, treat candidates impartially regardless of background, and not deliberately distract or unsettle the candidate. They cannot deliver a personal opinion on your driving during the test itself, only the brief debrief afterwards.

The code also covers how they handle errors. If you make a fault, they note it on the marking sheet without comment. They do not sigh, raise their voice or shake their head. If a candidate feels an examiner has breached the code, there is a formal complaints process via gov.uk.

#What examiners can and cannot say

During the drive the examiner gives directions, asks the show me question and may ask you to perform a manoeuvre. That is it. They will not chat, make small talk or comment on traffic. The silence can feel awkward, but it is the rule. If you ask them a question they will answer briefly if it relates to the test, and ignore it if it does not.

Examiners cannot threaten, intimidate or insult a candidate. They cannot tell you halfway through that you have already failed, even if they have marked a serious fault. They cannot make jokes at your expense or compare you unfavourably to other candidates. Any of those behaviours would be a code breach.

#Your right to request a different examiner

If you feel uncomfortable with the assigned examiner before the test starts, perhaps because of a previous bad experience, you can ask the test centre supervisor for a different examiner. The supervisor is not obliged to grant the request, but they will usually try if there is another examiner available.

You should make this request before the test begins, ideally as soon as you arrive at the centre. Asking once you are in the car is too late. The supervisor may also ask you to put the request in writing afterwards. There is no formal right to a different examiner, only the opportunity to ask.

#During the test: signs of unfair treatment

Most candidates who feel they have been treated unfairly are responding to the natural tension of the test rather than genuine misconduct. Silence, brief instructions and a lack of warmth are not unfair. They are how the test is meant to run.

If any of these happen, note the time, what was said and the examiner's name from the marking sheet. Do not confront the examiner during the test. Drive safely to the end. Raise the issue with the test centre supervisor immediately afterwards.

#The debrief: your right to ask why

At the end of the test the examiner gives a brief verbal summary, usually two to five minutes. They tell you whether you have passed or failed, and which faults were marked. You have the right to ask why a particular fault was given and to see the marking sheet. Examiners must explain calmly.

You can also ask for clarification on what you could have done differently. Most examiners give helpful feedback at this stage. If they refuse to explain a fault or are dismissive, that is poor practice and you can raise it. The marking sheet is yours to keep, regardless of the result.

#Complaints and appeals

You can complain about examiner conduct via gov.uk within fourteen days of the test. The complaint goes to DVSA, who investigate by reviewing the marking sheet, the test centre report and, in serious cases, any cameras inside the car. Most modern test cars have a forward-facing camera that records the test.

A successful complaint about conduct does not normally result in a pass being awarded. It may result in a free rebook, an apology, or in serious cases a sanction against the examiner. If you believe the test result itself was incorrect, you can appeal to a magistrate's court within six months under section 90 of the Road Traffic Offenders Act, but this is rare and expensive.

#Discrimination and protected characteristics

Examiners cannot treat you differently because of race, gender, religion, disability, sexuality or age. If you feel a fault was marked or an interaction conducted in a way that suggests discrimination, that is a serious complaint and should be raised in writing with DVSA at once. Discrimination cases can also go to the Equality Advisory and Support Service.

If you have a disability or condition that affects driving, you should declare it when booking the test. The examiner is then informed and can make reasonable adjustments, such as longer setup time or repeated instructions. They cannot use the disability against you in marking.

#When to raise a concern at the centre

Test centre supervisors handle on-the-day issues. If something happens during the test that you want to raise, ask to speak to the supervisor immediately after the debrief. They will hear you out and decide whether to escalate. Most concerns are resolved informally on the day.

A formal complaint after the day is for serious matters. For everything else, a calm conversation with the supervisor at the centre is usually enough. Pair this guide with our driving test complaint process walkthrough if you are considering escalation.