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Whos at fault?

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On a mock test....I left a roundabout onto a 40mph road i was doin 37-38mph as road was wet and from the momment i left the roundabout a van was right behind me within less than 3meters i would say and i was approaching traffic lights to turn left they were on green so i eased of gas for abit and left it as late as i could before braking as he was still right behind me and obviously when i had to break for the turn he slammed his on and i got an instant fail my instructor said i would of failed on a real test surely this is a major fault in the testing system anyone else had things like this happen on tests whats your opinion?.

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