Accident During Driving Lesson: Patrol Officers Will File a Report Against the Instructor for the Student's Mistake

Driving training is a complex process where the interaction between the instructor and the student must be clearly coordinated. However, when an accident occurs, the question arises: who exactly is considered the "driver" under the law?

Legal Status of the "Driver" in a Training Vehicle

According to clause 1.10 of the Traffic Rules of Ukraine, a driver is a person who operates a vehicle and holds a driver's license. During a training drive, the person who is learning directly controls the vehicle, provided that the requirements of clause 24.5 of the Traffic Rules regarding the mandatory presence of the instructor are met.

The instructor (a specialist in driver training) is present in the vehicle, exercises training supervision, and has the duty to ensure traffic safety during training, including timely intervention in the driving process if technically possible.

Ukrainian legislation does not contain a provision that automatically changes the status of the instructor or recognizes them as the sole driver of the vehicle during training. The determination of the responsible party in administrative, civil, or criminal cases depends on the actual circumstances of the event, particularly who was controlling the vehicle at the moment the dangerous situation arose and whether the instructor had a real opportunity to prevent the violation.

The student during training is not excluded from the circle of road users and can be subject to administrative liability if their actions meet the criteria of an offense.

According to clause 1.10 of the Traffic Rules of Ukraine, a driver is not only the person who directly controls the vehicle but also the person who teaches driving while being directly in the vehicle.

Judicial practice, including the decision of the Voznesenivskyi District Court of Zaporizhzhia in case No. 335/12141/25, emphasizes that driving should be understood as performing the functions of a driver or instructor-driver during student training, regardless of whether the vehicle is moving under its own power or being towed. Therefore, during training, the student is neither a driver nor a full participant in traffic in the legal sense, and thus cannot be subject to administrative offense, for example, under Article 124 of the Code of Administrative Offenses.

Administrative Liability

The analysis of case No. 335/12141/25 demonstrates a typical situation where a student driving a training vehicle under the instructor's supervision failed to yield to an oncoming car while turning left, resulting in a collision.

The court noted that since the student was driving under the instructor's supervision, she is neither a driver nor another participant in traffic and therefore is not subject to administrative liability under Article 124 of the Code of Administrative Offenses. The instructor was found guilty because, as a specialist, he was obliged to ensure the safety of the maneuver according to the requirements of clauses 10.1 and 16.6 of the Traffic Rules.

Similarly, the Lutsk City District Court in February 2026 in case No. 161/754/26 confirmed that according to the Traffic Rules of Ukraine, the driving instructor bears full administrative responsibility for the student's actions during training.

Thus, the ruling holding the plaintiff administratively liable under part 1 of Article 122 of the Code of Administrative Offenses is justified and lawful. In this case, the instructor was fined for stopping in a "No Stopping" zone, despite the fact that the student physically performed the stop.

Civil Liability and Compensation for Damage

When it comes to monetary compensation for damaged vehicles, the provisions of the Civil Code of Ukraine apply.

The vehicle is the source of damage, and the damage caused by it is compensated by the person who owns it on the appropriate legal basis.

If the instructor is an employee of the driving school, then under Article 1172 of the Civil Code of Ukraine, the legal entity (employer) compensates for the damage caused by its employee during the performance of work duties.

If the instructor used the company vehicle for personal purposes, they bear personal responsibility.

Criminal Liability

In case of an accident with serious consequences, liability becomes criminal. According to explanations by the Plenum of the Supreme Court of Ukraine, a person who teaches driving and is next to the student can be held liable under Article 286 of the Criminal Code. The Supreme Court emphasizes that for qualification under Article 286, courts should assess not only the actual actions but also the driver's (instructor's) technical ability to avoid the consequences. That is, if the instructor had the opportunity to intervene in driving (for example, via duplicate pedals) but did not do so, they become subject to criminal prosecution.

The Dzerzhynskyi District Court of Kryvyi Rih in case No. 210/3538/24 approved a plea agreement and sentenced a driving school instructor whose actions contributed to a fatal accident.

The court found that the instructor was conducting a practical lesson with a student in a training vehicle. During the drive, the instructor allowed the student to perform a U-turn without ensuring its safety and without intervening using the duplicate pedals of the training vehicle.

As a result, the training car created a hazard for a Skoda Octavia traveling at about 90 km/h, whose driver, according to the investigation, was under the influence of drugs. Trying to avoid a collision, the Skoda driver lost control, drove onto the sidewalk, and hit a woman who was 21 weeks pregnant. The victim died in the hospital the same day from her injuries.

The court concluded that the instructor violated the Traffic Rules and failed to properly supervise the student's actions. His actions were causally linked to the accident.

The instructor admitted guilt and entered into a plea agreement with the prosecutor. The court sentenced him to five years imprisonment with a one-year driving ban. At the same time, he was released from serving the main sentence with a two-year probation period. The criminal case against the Skoda driver is being considered separately.

Thus, in 99% of cases, a report under Article 124 of the Code of Administrative Offenses will be filed against the instructor, as they are considered the driver of the training vehicle. The instructor bears full responsibility for the student's actions, including compliance with stop signs and performing maneuvers.

Damages are usually covered by the driving school as the vehicle owner and employer of the instructor, or by the insurance company.

In case of injury to people, the instructor may receive a real prison term under Article 286 of the Criminal Code if an expert examination proves their technical ability to prevent the accident.

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