[user104658]

Originally Posted by Marsh.

If there was someone behind the wheel for the sake of these "tests" then surely they are there to act to prevent accidents so they are at fault?

Like a driving instructor having a break pedal in case of emergency?

Well... The legal issue would still be questionable there: because if you hit someone on a driving lesson (even on your very first lesson) it's the driver who is legally responsible, not the instructor.

A lot of learner drivers believe that they aren't legally responsible for what happens when they're behind the wheel if they don't have a full licence... But that's not the case.