Driving instructors in Great Britain are regulated by the Registrar. They must undergo training and examination, and show that they are a ‘fit and proper person’. The system is managed on a day to day basis by DVSA who deals with testing, complaints and investigations.
Approved Driving Instructors, ‘ADIs’, are expected to uphold particularly high standards to ensure that the Register of Approved Driving Instructors has integrity. A place on the register should be seen as a valuable seal of approval so that members of the public know that their instructor is qualified, professional, and safe.
As an ADI if your standards or behaviour are called into question, ither because of a complaint from a member of the public, a pupil, or an officer at a test centre, your registration can be put at risk. It is likely that you would be subject to regulatory action.
At CE Transport Law we represent ADIs during investigations, at interview under caution, and on appeal following removal from the Register.
The Code of Practice
DVSA currently has a voluntary code of practice, which is soon to be replaced with a mandatory code of practice which can be read in full here..
Previously, there was the option to sign up to the code of practice via the gov.uk website. This outlined how services should be advertised and provided, the types of behaviour which would not be tolerated, and administrative issues such as payment arrangements and advertising.
This his due to be replaced with the mandatory code of practice requiring all ADIs to declare that they have read and agreed to the code of practise when they apply to become an instructor, renew their registration, or apply for a training licence. The code is split into a number of sections:
- Personal Conduct
- Business Dealings
- Advertising
- Conciliation
The Code explains what the standards are to meet the fit and proper person criteria and also explains what it refers to as the ‘core standards, core values, expected professional behaviours and standards.’
The standards include the expectation that you would act honestly, with integrity and follow all the laws. This confirms that any criminal offence and motoring infringements may be taken into account and will result in an assessment of your fit and proper person status. It confirms that offences which are likely to prevent you from being found to be a fit and proper person include:
- sexual assault
- physical assault
- drug offences
- thefts
- most importantly, anything which would lead to 5 or more penalty points being put on your licence, which includes high-level speeding, failing to identify the driver, and mobile phone offences
The code reminds ADIs that they must tell DVSA within 7 days if they are under investigation, receive a caution or conviction. They must cooperate with all investigations.
The Code of Practice is extremely clear in relation to the relationship an instructor has with their pupil. There is a specific obligation to safeguard pupils and create a safe learning environment. Inappropriate language, aggression, physical contact, and contact outside of the lessons for other unconnected purposes are all prohibited. There is a reminder that ADIs must not discuss their or their pupils’ personal relationships. Under no circumstances must they enter into any romantic relationship with somebody they are instructing.
The Code of Practice confirms that it is the ADI’s responsibility to ensure that their pupil is entitled to drive and that their vehicle is insured, roadworthy, legal, and has the correct equipment for carrying out instruction.
The new addition to the code makes it clear that you, as an ADI, must ensure that your pupil understands your terms of business, including your contact details, the price and duration of lessons, the cancellation and refund policy, and how to complain. Failure to keep appointments to set times could result in action being taken against the registration.
What does this mean?
All ADIs will be expected to familiarise themselves with the Code and to ensure in particular that their contracts, pupil lesson plans and advertising is compliant. There has always been a duty to report any convictions and penalties, and this is a reminder of the likely consequences in the event of action being taken by the Police for any infringement or crime.
If you breach any of the Code of Practice, you will be investigated and usually invited to attend an interview or to make representations. This can be a valuable opportunity to outline your position whilst you are still able to work.
Following an investigation, if adverse findings are made may be issued with a warning or you could be suspended or removed from the Register.
If you require any assistance for any DVSA or ADI matter, call our team today.
