ADI Code of Practice

Revised January 2017

About the code

The Driver and Vehicle Standards Agency (DVSA) and the driver training industry place great emphasis on professional standards and business ethics.

This industry code of practice has been agreed between the National Associations Strategic Partnership (NASP) and the DVSA.

It is a framework within which all instructors should operate. These professional bodies expect their members to adhere to this code of practice. The current NASP member groups are listed at the end of this document.

PERSONAL CONDUCT – driver trainers will be professional, comply with the law, keep clients safe and treat them with respect

The instructor agrees to:

• at all times behave in a professional manner towards clients in line with the standards in the National standard for driver and rider training
• at all times comply with legislative requirements including:
• the protection of personal freedoms, the prevention of discrimination based on age, disability, gender, race, religion or sexual orientation
• not using mobile devices like phones when driving or supervising client’s driving and only when parked in a safe and legal place
• demonstrating a high standard of driving and instructional ability upholding safety standards including showing consideration for all other road users particularly pedestrians, cyclists, motorcyclists and horse riders
• consumer, workplace and data protection regulations, the handling, storing, use and dissemination of video or audio recordings made in or around their tuition vehicle
• avoid inappropriate physical contact with clients
• avoid the use of inappropriate language to clients
• not initiate inappropriate discussions about their own personal relationships and take care to avoid becoming involved in a client’s personal affairs or discussions about a client’s personal relationships, unless safeguarding concerns are raised
• avoid circumstances and situations which are or could be perceived to be of an inappropriate nature
• respect client confidentiality whilst understanding the actions to take if a client reveals concerns about their private lives
• treat clients with respect and consideration and support them to achieve the learning outcomes in the National standard for driving cars and light vans (category B) as efficiently and effectively as possible
• ensure that their knowledge and skills on all matters relating to the provision of driver training comply with current practice and legislative requirements
• use social network sites responsibly and professionally:
• ensuring that clients personal information is not compromised
• ensuring when using social media for marketing purposes that what is written is compliant with privacy and data protection legislation pertaining to digital communications, the laws regarding spam, copyright and other online issues
• treating other users of social media including clients, colleagues and their views with respect
• be careful not to defame the reputation of colleagues, the DVSA, driving examiners or the ADI Register
• not distribute, circulate or publish footage taken of driving tests from in car cameras, without permission from the DVSA and the client

BUSINESS DEALINGS – driver trainers will account for monies paid to them, record client’s progress, advise clients when to apply for their driving tests and guide them fairly through the learning process

The instructor agrees to:

• safeguard and account for any monies paid in advance by the client in respect of driving lessons, test fees or for any other purpose and make the details available to the client on request
• on or before the first lesson make clients aware of both this code of practice and their terms of business which should include:
• legal identity of the school/instructor with full postal address and telephone number at which the instructor or their representative can be contacted
• the current price and duration of lessons
• the current price and conditions for use of a driving school car for the practical driving test
• the terms which apply to cancellation of lessons by either party
• the terms under which a refund of lesson fees may be made
• the procedure for making a complaint
• check a client’s entitlement to drive the vehicle and their ability to read a number plate at the statutory distance on the first lesson and regularly during their training
• make a record of a client’s progress, which will include the number of lessons provided, and ensure that the client is aware of their progress and future training requirement to achieve their driving goals
• discuss with and advise a client when to apply for their driving tests, taking account of DVSA’s cancellation rules, local waiting times and the instructor’s forecast of a client’s potential for achieving the driving test pass standard
• not cancel or rearrange a driving test without the client’s knowledge and agreement, in the event of the instructor deciding to withhold the use of the school car for the driving test, sufficient notice should be given to the client to avoid loss of the DVSA test fee
• ensure that when presenting a client for the practical driving test:
• the client has all the necessary documentation to enable the client to take the test
• the vehicle complies with all aspects of motoring law, displays the instructors certificate or licence correctly and is fitted with an extra interior rear-view mirror and correctly positioned L or optionally D plates in Wales
• accompany the client on their practical driving test and listen to the debrief, when requested to do so by the client

ADVERTISING – driver trainers will take care to advertise and promote their businesses in a clear and fair manner

The instructor agrees that:

• the advertising of driving tuition shall be clear, fair and not misleading
• any claims made in advertising shall be capable of verification and comply with current CAP Advertising Codes
• advertising that refers to pass rates should not be open to misinterpretation and the basis on which the calculation is prepared should be made clear

CONCILIATION – driver trainers will deal promptly with any complaints received and aim for speedy resolution of any grievances

The instructor agrees that:

• complaints by clients should be made in the first instance to the driving instructor, driving school or contractor following the training provider’s complaints procedure
• if, having completed the procedure, the client has been unable to reach an agreement or settle a dispute further guidance may be sought:
• if a client believes that their instructor is not providing a satisfactory business service they can contact their local Citizens Advice Bureau for guidance
• if clients are unhappy with their instructor’s professional service, the client can contact the ADI Registrar by emailing adireg@dvsa.gov.uk

CURRENT NASP MEMBERS ARE:

• Approved Driving Instructors National Joint Council (ADI NJC)
• Driving Instructors Association (DIA)
• The Motor Schools Association of Great Britain (MSA GB)

Copyright © NASP 2017

This industry Code of Practice has been agreed between the National Associations Strategic Partnership (NASP) and the DVSA. It is a framework within which all instructors can operate and as a member of NASP the ADINJC strongly recommends that our members adhere to this code. The 2 logos shown can be used by ADIs in their terms and conditions to indicate that they are signed up to the Code of Practice and to undertake CPD.

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My views are that there’s never been official lessons for learners to drive on motorways yet casualty rates are so low is a miracle on the scale of loaves and fishes. But I agree that not having proper motorway lessons is a glaring omission in driving tuition that we need to put right. You can see that there are several generations of drivers already on our motorways who don’t signal early enough, get too close to the car in front, don’t understand lane discipline and only survive because of the awareness of more skilled and experienced drivers. We’re also seeing more single vehicle accidents where cars strangely end up on motorway bankings. The amount of accidents with foreign HGVs on motorways is also on the increase. While KSIs (Killed and Serious Injuries) may be broadly static on the Strategic Road Network the amount of minor accidents and consequent huge delays (motorway lanes were closed over 400,000 times in 2015) is on the increase. Just listen to the radio in rush hour and you’ll hear of blockages due to accidents on virtually every single motorway in the country.

Reducing congestion due to needless motorway accidents (and potential injuries and fatalities) should be a government priority and that’s why we should all support the initiative of learner driver training on motorways. But there are caveats. I think lessons on motorways should only be done by qualified ADIs with dual controls and not during busy periods. A motorway driving learner curfew might be required. The ADI also needs to sign off the learner as having the required skill set to venture on a motorway and that needs to be after a set amount of hours already driven. What we don’t want are ‘raw learners’ on motorways for the first time and they must be judged to be able to cope with the increased speeds and traffic density. Learner vehicles need to be clearly marked for motorway tuition and we also need a public awareness campaign to make other drivers aware of their presence.

What I do worry about is timid learners staying in the left hand lane doing the dance of death with HGVs. This is arguably one of the most dangerous places on a motorway. ADIs must be certain that their learners can make normal progress and maintain 70 mph most of the time. This is an initiative that’s fraught with problems and probably needs a pilot scheme to see how well it can work. What we definitely don’t need is well-intentioned but inexperienced parents or friends teaching learners to drive on busy motorways and the whole concept needs a raft of professional safeguards and restrictions. This won’t be easy and every ADI should contribute to what’s likely to be a contentious and difficult debate.

Learner drivers will be allowed to have driving lessons on motorways with a driving instructor in a car fitted with dual controls.

Learner drivers will be able to take driving lessons on motorways before passing their driving test under new plans set out today (30 December 2016) by Transport Minister Andrew Jones.

At the moment, you can only have driving lessons on motorways after you’ve passed your driving test. Some newly-qualified drivers take lessons through the voluntary Pass Plus Scheme.

Voluntary motorway lessons with a qualified instructor

Under the new plans, learner drivers would need to be:

• accompanied by an approved driving instructor
• driving a car fitted with dual controls

Any motorways lessons would be voluntary. It would be up to the driving instructor to decide when the learner driver is competent enough to have a motorway lesson.

Any change to the law would be well-publicised before coming into effect. Until then, it’s still illegal for a learner driver to drive on a motorway.

The changes will allow learner drivers to:

• train on how to join and leave the motorway, overtake and use lanes correctly
• practice driving at higher speeds
• put their theoretical knowledge into practice
• get broader driving experience before taking their driving test

Find out more about how the proposed changes will work and give your views on the plans