Hi Dave

Tricky!

I did a Google for "how many times can I retake the driving test?" and got this:

Fortunately, there is no limit on the number of times you can fail your practical driving test. As people learn differently, some may pass the first time, while others will need several attempts in order to get through.

Now obviously an FLT test is not the same as THE driving test but I think the same principles apply.

Gone are the days when there was an Approved Code of Practice which said that either an FLT driver had to have passed or if in Court, the defendant would have to show that they had done something at least as effective to show that they had done all that was reasonably practicable.

So, may be passing that FLT test is not as business critical as it used to be.

May be you should look at WHY this person is failing - are they failing on minor details or issues which are the ones which are potentially life threatening?

Could it be that the person is just not good at exams, and that some other method of assessment would be equally valid? - though even without an ACOP you still have to think about the implications of Section 40 of HSWA 1974, so need to have your ducks in a row when it comes to arguing that some alternate method of assessment is a valid approach.

Could it be that there is some issue between examiner and examinee and that if you find a different examiner someone who is actually competent could pass the test?

Could it be that the trainer was not up to scratch and that you need someone else?

Unlike the driving test for a road vehilce licence an FLT is often an internal transport device used away from the public so the question of passing or failing a test becomes academic - it is down to the employers assessment "are you comfortable with this person being in charge of".

Issue of a "licence" is an abdication of responsibility and when challenged, for example post incident, the employer will present the operatives licence as their consideration the driver was suitable (in some circumstances ignoring the months of colleagues or supervisor complaints regarding speeding and damage).

At one employment we had externally licenced drivers, exemplary skills during supervised working, yet a new fleet looked as though it had been in a demolition derby after only three months (night shift CCTV proved very enlightening). 

In the workplace employers regularly take judgements on which operators can use which equipment usually based upon assessement of the employee interacting with the equipment after a period of education / training - testing by exam, if any, is very minimal with either a basic questionnaire or a low pass level (80%).