Reply to letter ADINJC sent regarding timing study

We have today received correspondence from DVSA on the points we raised with them. Below are the responses –

Devolved responsibility –
 Regulation 24 states that any person authorised by the Secretary of State can carry out the test. Regulation 38 then goes on that any person authorised can attend for supervision of the test or otherwise. Any person in the public service of the Crown is authorised by the SoS.

Regulation 24 –
24 Persons by whom [manoeuvres,] practical and unitary tests may be conducted
(1) A [manoeuvres test, practical test] or unitary test other than a test conducted in the circumstances specified in paragraph (2) [or (2A)] may, subject to the following provisions of this regulation, be conducted by—
(a) a person in the public service of the Crown appointed by the Secretary of State;
38 Further requirements at test
(9) A person submitting himself for a [manoeuvres test, practical test] or a unitary test shall, during the test—
(a) except where the test is for a licence authorising him to drive a motor vehicle of a class included in [category AM, A, G, H or K], allow to travel in the vehicle—
(i) the person authorised to conduct the test; and
(ii) any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise;
DT1 –
 As detailed in 1.02, the DT1 ensures that driving tests are conducted in accordance with the provisions of the Motor Vehicles (Driving Licences) Regulations. The DT1 is the guidance that driving examiners follow when they carry out driving tests in Great Britain. This also provides information to the candidate and accompanying driver about the requirements of the driving test and how the test will be conducted. The regulations that are laid out are contained with the DT1 in a format that is user friendly and beneficial for the reader.

SN Candidates –
 The timing study will take place on practical driving tests and would be advantageous if some tests with candidates with special needs were included so all test types were captured. The intention is to make the test run as smoothly as possible for the candidates and ADI’s therefore, I would suggest that, as is the current practice, the ADI and / or candidate discussed specific requirements with the local driving test manager prior to the test.

Introductions –
 The trained examiners who will be conducting the timing study will be introduced by the driving examiner in the waiting room prior to going out on test.

Reasonable objections –
 This could include if they have been accompanied before on a previous test however each individual circumstance will be evaluated on its own merits. Please speak to the LDTM.
• If there is a reasonable objection will the test go ahead?
 If there is a reasonable objection, as above, then the test will continue to be conducted.
 Regulations state that (as highlighted earlier) the driver presenting for test shall allow the person authorised to conduct the test; and (ii) any person authorised by the Secretary of State to attend the test for the purpose of supervising it or otherwise.
If the candidate / ADI does not present a suitable reason then the test may be terminated. However the examiner will explain the reasons for the timing study and the benefit for all concerned.

Technology –
 This exercise will be carried out to industry standards to ensure we have captured the full end-to-end driving test process, which involves timing each individual aspect of the test. Specialised electronic data recording equipment will be used.

Waiting lists –
 This is an important exercise that has many benefits for the agency and customers that was agreed prior to the new test implementation. The impact on resource will be extremely minimal due to the low numbers of staff involved and the tests that will be timed will be programmed into the working day as normal and not require any amendments to test times. Operational delivery requirements to address customer waiting times will continue to be addressed during the period of the timing study.