8. General advice and legal matters
Guidance on inspections, meetings, office procedures, annual leave and correspondence.
This chapter contains additional advice and guidance on legal matters as per DT1 which approved driving instructor examiners (ADIEs), HEO quality assurance and improvement (QA and I) officers and ADI managers (ADIMs) may become involved with during the course of their work.
Mobile phones
Examiners must check their mobile phones regularly and respond to any messages left. Phones must not be checked during a test and should be either switched off or on ‘silent’ mode. The examiner must be fully focused on assessing the quality of the performance of the PDI/ADI or ORDIT trainer.
It is also important that examiners log on to receive their emails daily. They should also log onto ‘DVSA net’ to check for any updates to the ADI 1. Copies of the ADI 1 should not be made for general use. This is to ensure the current version of the ADI 1 is used to check for correct information and procedures.
In carrying out their duties, HEO QA and I officers and ADIMs should exercise discretion and, in particular, they must avoid:
- discussion of a matter in any way related to other people’s driving or driving instruction with a candidate prior to conducting ADI tests
- discussion with a learner driver, including on an LGV/PCV driving test, except in general terms
- any comment or behaviour, which could cause embarrassment to the Agency. This is of special importance when practical tests or standards checks are conducted from the same premises as learner driver or LGV/PCV driving tests
ADIMs have the responsibility for the performance and development of staff conducting:
- ADI qualifying examinations
- standards checks
- official register of driving instructor training (ORDIT) inspections.
They also have a responsibility to manage their areas effectively.
Effective management does not just mean conducting tests to a required standard but also making the best use of resources to ensure that the instructional standards of all ADIs are as high as possible and maintained as such. The ADI 1 contains instructions and advice, but how well this is achieved, rests with the efforts of the ADI Manager.
The whole purpose of part five of the Road Traffic Act 1988 is to raise standards of driving instruction in general - this must be done if the Register is to remain viable.
For example, standards check assessments should be precise; if there is any doubt about an ADI’s tuition, then the lesson should be assessed as unsatisfactory.
The Instructor Training Declaration (also known as form ADI 21T) should be used to record at least 40 hours of practical in-car training. This training must be received within the period of 12 months ending on the date of the application for a licence. The trainee must receive some training in every one of the subjects set out in the curriculum contained on the reverse side of the form. The record of training must be made and signed by the licence holder and the ORDIT/ ADI who gives the training. The trainee is responsible for these records and normally would keep them with them.
ADIEs and ADIMs may, at their discretion, have meetings with instructors or ADI trainers, but there should be no discussion about impending theory or practical tests, or specific enquiries about tests already conducted. There must be no discussion regarding any trainee’s performance (see chapter on the Data Protection Act. Enquiries on local matters such as the booking or variation of ‘L’ test appointments, should be directed to the national booking number or relevant Local Driving Test Manager (LDTM).
There is no objection to ADI managers or examiners discussing the requirements of practical tests in general terms, but great care should be exercised if making any comment about the value or otherwise of different driving or instructional techniques. Personal opinions should never be expressed as some of the larger organisations could easily compare what has been said by one ADI manager or examiner with that said by another. The danger is that the remarks could also be misconstrued as an attempt by the ADI manager or examiner to act as a trainer which, of course, is not their role. It is vital that we all “speak with one voice”.
ADIMs should have a standard procedure common to all, so that in the absence of the resident manager, the neighbouring manager can readily take over responsibility. The minimum requirements are:
- All ADI staff must keep records containing test reports and any relevant, recent correspondence to or from an ADI. These documents should be destroyed after 2 years for ORDIT report forms.
- Standards check reports should also be stored in line with other reports i.e. for 2 years, regardless of the grade awarded
- A link to up-to-date practical test routes for all test centres conducting ADI Part 2 tests in their area. At least 3 routes per DTC including 1 traffic signs.
- A list of all driving test centres the ADIM covers for ADI work in their area.
- A list of staff the ADIM is responsible for regarding ADI work and their base driving test centre.
- A summary performance analysis via power BI raised on each member of staff, a minimum of once annually.
- A list including details of all external / ADI meetings attended in the past twelve months.
- Each ADI Manager must maintain a workbook which records much of the above information plus a detailed list of any supervision conducted (by them or another manager), personal development plans in place, correspondence regarding complaints or praise, appraisals, compulsory training courses and sick absence.
All applications for annual leave should be submitted in the normal way, with guidance from line managers. These should be co-ordinated by the ADI team to ensure sufficient coverage of manager and examiner resource, particularly at peak holiday times.
The Agency has agreed with the TUS that ADI staff will be permitted to attend meetings with local driving instructor groups, as a means of spreading the Registrar’s message on ADI matters. No charge is made for these meetings, but justification must be considered and cleared with ADI Managers. It is vital that a corporate message is delivered at these meetings and the official ADI presentation maintained by the Policy Team should be used as a basis for any presentation.
Clearly it is necessary to keep some control of the demands that will inevitably be made upon examiner’s time by these groups, so the following guidelines have been notified to the associations.
Most importantly, ADI staff must be willing to attend of their own volition and gain agreement from their ADIM. Smaller ADI meetings should take place in normal weekday working hours, larger association meetings during a week day evening would be considered, providing the meeting starts no later than 8.00pm and does not exceed 2 hours. Weekends would only normally be considered in regard to regional or national meetings.
The meeting should be properly organised and chaired. ADI staff would not be prepared to discuss individual cases, either ADI or driving test, nor driving test matters generally except in the very broad sense. Staff would aim to talk about an ADI topic of interest and finish up with questions on ADI matters generally. If questions are raised that are beyond the remit of ADI staff or they are unable to answer, they should make a written note and assure the Chair that the question will be passed to the Policy Team for a reply.
When the ADI staff have agreed to attend, they should inform the ADIM of the date of the meeting and the name of the association. Prior to the meeting, agreement should be sought on whether attendance at these meetings will attract overtime payment or TOIL. Travel and expenses will be payable in accordance with the T and S code. Claims should be sent to the line manager in the normal way.
In the event of an examiner becoming involved in an accident whilst conducting an ADI test or standards check they should immediately seek advice from their ADIM before then completing an HS1 incident form.
If circumstances arise which do not appear to be covered by these instructions, they should be considered in the first instance by the ADIM. If it appears that further advice is needed, this will be obtained from the Driver Training Policy Team.
It is a long-established principle in the Civil Service that an officer should not put themselves in a position when their official duty and their personal interest may conflict. If, therefore, an examiner is appointed to test a candidate who happens to be a close relative, or a personal friend, they should at once report the matter to their ADI Manager.
All drivers and passengers must wear seat belts if the law requires them to be fitted to the vehicle. The regulations provided exemptions from compulsory seat belt wearing in certain cases. Those exemptions, which most closely concern examiners (ADI) in the conduct of practical tests, are:
- for holders of medical exemption certificates issued under the regulations
- for a driver, whilst performing a manoeuvre which includes reversing
- where the seat belt becomes defective on the journey or if the belt became defective previously and arrangements have already been made to have the belt repaired or replaced
8.13. Examiners wearing seat belts on practical tests and standards checks
Examiners conducting a practical test must wear the belt. Seat belts need to be adjusted correctly and the examiner should if necessary, adjust it and/or move the passenger seat, if this is practicable, so as to fit the belt properly. If the examiner is unable to do so, the test should be terminated.
8.14. Problems with seat belts
If an examiner cannot wear a belt in a vehicle because it is inefficient or defective, they should terminate the test and contact the booking team detailing the circumstances. A belt may be dirty but still fulfil the legal requirements; an examiner should not terminate a test solely on the grounds that they are unable to wear the seat belt because it is dirty. Undue discussion on any termination of test must be avoided and any enquiry about loss of fee should be referred to customer services.
8.15. Candidates wearing seat belts – part 2 test
In a vehicle that is required by law to have seat belts fitted, the candidates should wear the belt unless he is legally exempted from doing so. This could include removing the belt whilst performing a manoeuvre, which includes reversing.
If the candidate does not fasten the belt, the examiner should remind them that, unless medically or otherwise exempt, the law requires candidates to wear the seat belt. However, if the candidate does not have any exemption but does not agree to wear the belt, the examiner may still conduct the test. The relevant law provides that only the person leaving off a belt in contravention of the seat belt regulations can be guilty of an offence. This means that an examiner could not be convicted of aiding and abetting any such offence.
8.16. Candidates wearing seat belts – part 3 test
If the candidate does not fasten the seat belt the examiner should remind them that, unless medically or otherwise exempt, the law requires candidates to wear the belt. However, if the candidate does not have an exemption but does not agree to wear the seat belt the examiner may still conduct the test. The non-wearing of a seat belt should not influence the examiner’s assessment of a candidate’s ability to give instruction.
8.17. Third parties wearing seat belts
In the interests of health and safety, a third party accompanying a candidate on test must wear a seat belt. There are no exceptions to this rule. An exemption certificate will not preclude the need for a rear seat passenger to wear a seat belt. If they decline to do so, the test will be terminated. In these circumstances the third party has the choice of wearing the seat belt, not accompanying the candidate on test, or of having the test terminated. In the latter circumstances a brief report should be submitted via email to the ADI Manager.
8.18. Accompanying examiners - rear seat belts
In the interests of health and safety the examiner must not conduct tests in cars without rear seat belts. When rear seat belts are not readily accessible, for example, stowed behind the rear seat, the ADI should be reminded of the current regulations and given the opportunity to release the belt for the examiners use before the start of the lesson. In the unlikely event of an examiner being unable to wear a rear seat belt as required by the regulations, or not being able to adjust the belt to enable its use, the standards check should be postponed and the circumstances reported to the standards check team in Newcastle and the ADI Registrar.
A motor vehicle used on the practical part of the qualifying examination for entry to the Register must comply with the Motor Vehicles (Construction and Use) Regulations. If the vehicle was manufactured on or after 1 December 1977, and first used on or after 1 June 1978, it must be equipped with an interior mirror and at least 1 external rear view mirror fitted to the offside of the vehicle. If the vehicle is a dual-purpose vehicle, and where the interior mirror does not provide an adequate view of the road to the rear of the vehicle, an additional rear view mirror shall be fitted externally on the nearside of the vehicle. If a vehicle presented for practical test does not have the necessary mirrors the test should not be conducted.
The registration mark can only be taken as a probable indication of the age of the vehicle as the possibility exists that the vehicle has been imported and registered at a later date. If it appears that external mirrors should be fitted and the examiner is in doubt as to the age of the vehicle, the candidate should be asked. If the candidate’s answer indicates without doubt that the necessary mirrors should be fitted the test should not be conducted. In any other case the test should be conducted and a note made in the remarks space of the DES app.
8.20. Exterior mirrors and the standards check
If it comes to the examiner’s notice that a vehicle used on a standards check should have exterior mirrors fitted as mentioned in the preceding paragraphs, no comment should be made until the completion of the standards check when it should be drawn to the ADI’s attention.
Where an examiner is convinced either before a test starts, or in the course of a test, that a candidate is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, they should inform the candidate that they (the candidate) appear to be ill and that therefore in fairness to them the examiner is unable to take or continue the test. The examiner will be required to use considerable tact in announcing this decision and must not in any circumstances make reference to drink or drug. Should the examiner make this decision, full details should be emailed to the ADIM and the ADI Registrar.
Letters or emails addressed to the Agency by Members of Parliament (MPs or Peers) are customarily dealt by Corporate Correspondence. Ministerial correspondence is generally addressed to Headquarters but if a Member of Parliament writes direct to an examiner, the letter must be forwarded immediately to Corporate Correspondence for action. To save time where the subject of the letter or email indicates that the examiner will be required to submit a full report on the case, its preparation should be put in hand in anticipation of the formal request by Corporate Correspondence for a report. Papers relating to Ministerial correspondence must always be emailed without delay.
It is of great importance, both from the point of view of answering the correspondent, and for the reputation of the Agency, that every complaint should be comprehensively investigated, and any part of it, which may appear to be justified, thoroughly probed and corrected as necessary.
If an examiner receives information with sufficient detail that the Road Traffic Act 1988 or subordinate legislation is not being complied with, they should check their own records and, if necessary, check with the ADI Registrar’s team to discover the circumstances under which the alleged offender is operating. The detail to be established will vary from case to case; it may be enough to show that they were neither registered nor licensed, but if licensed, the address from which instruction is authorised may be important. Breach of licence conditions must be referred to the ADI Registrar’s team and the procedure outlined in the following paragraphs must be adopted.
Enforcement sections have now been incorporated into DVSA’s counter fraud and investigations team. The following procedures have consequently been adopted. Send to the investigating member of the CFI team:
- name of candidate
- time of test
- where the test was conducted
- name of examiner
ADIMs may arrange area team meetings during the year. These should be used to:
- relate corporate messages
- share best practice
- develop staff technical skills across the range of ADI disciplines
These meetings should be arranged in consultation with the National ADI Delivery Manager.
All letters or minutes to senior staff must be submitted through the line manager.
ADI staff are authorised to request the ADI certificate and to conduct all ADI qualifying examinations or standard checks.
Enquiries from ADIs interested in visiting a training hub should be referred to the Chief Instructor at Cardington.
The right to appeal to a Magistrates’ court, or Sheriff in Scotland, is strictly limited to where the test has not been conducted in accordance with the regulations.
Whilst legislation makes provision only for the refund of the fee where a case is won, the Registrar would probably have to take the view that the last test should be regarded as null and void and a further replacement test offered.
Should an examiner receive a summons or a notification from a court, they should refer the matter to their ADIM. They will act as the co-ordination point with the examiner and liaise with the local enforcement office to appoint a solicitor to attend the hearing. The examiner will, of course, need to be present at the hearing and should keep their booking team and manager informed so that any necessary cover can be arranged.
At the hearing itself, DVSA’s solicitor should ensure the court confines its attention to the question of whether or not the test was conducted in accordance with the regulations. In other words, with a Part 2 test, were all the statutory requirements of the test carried out? With a Part 3 test, was the candidate’s knowledge and ability assessed in accordance with the regulations? Normally there will be absolutely no question and the case has simply been brought due to a misunderstanding of the regulations on the complainant’s behalf.
The examiner will obviously want to study their markings of the test beforehand and refresh their memory of any incidents that are highlighted by the complainant. If the examiner wishes to discuss any operational matter, they should do so with their ADIM.