8. DVSA monitoring
What gets monitored, how standards checks work, having your approval cancelled, and appealing a decision.
8.1 As the licensing authority, DVSA has a responsibility to monitor and regulate:
- the standard of instruction given by ATBs
- instructors delivering CBT courses
- whether all the rules about motorcycle training are being followed
8.2 DVSA needs to ensure that the courses comply with regulations and that the safety of the participating trainees is protected. To meet these responsibilities, the DVSA CBT examiner team regularly attend and monitor CBT courses.
8.3 It is the whole CBT syllabus that is subject to standards checking. DVSA routinely discharges this responsibility by seeing various parts of the syllabus. Where an instructor is found to be sub-standard, in breach of the regulations or where other intelligence indicates it is appropriate, then multiple parts or the whole of the CBT syllabus can be seen. This gives the instructor the opportunity to demonstrate competence and compliance across the whole syllabus, and provides DVSA with assurance that standards are being met consistently. This is often referred to as a full and proper standards check.
8.4 This risk based approach involves a judgement of the most appropriate course of action for each case so quality checking and assurance activity is focussed where it is needed. The CBT Registrar may request a standards check at any time and may also decide that the standards check shall include specific elements of the syllabus or all of it.
8.5 It is the responsibility of the ATB Authority Holder to ensure instructors are made available for standards checks when requested by DVSA. Failure to do so may result in a representations process (see section 12) being initiated which can lead to enforcement action.
8.6 To make certain that all ATBs are fulfilling their obligations to members of the public, DVSA conducts both overt and covert assessments/investigations, including unannounced visits. It may be necessary for more than one member of the team to visit an ATB.
8.7 Standards checks must include at least two pupils. Unless records shows the ATB routinely structures their training courses on a 1:1 ratio or there are significant extenuating circumstances the standards check will not be deemed acceptable if there is only one trainee. It will be treated as a failed standards check.
8.8 If the training monitored meets the required standard then a letter of confirmation will be issued to the ATB. DVSA will usually (subject to the provisions related to unsafe instruction) request a further assessment if either:
- the training falls short of the required standard
- the attending member of DVSA staff reports breaches of regulations or failure to adhere to the conditions of appointment
Training records may be requested before another standards check is authorised.
8.9 Should the instructor fail to achieve the required standard during a second or third assessment, a representations process (see section 12) may be started in which the CBT Registrar will consider the withdrawal of their authority to conduct courses on behalf of that or any other ATB.
8.10 An instructor who has had their authorisation withdrawn may be issued with a new certificate specifically to enable the standards check to be completed. This certificate can be withdrawn immediately if the instructor fails the standards check.
8.11 The CBT Registrar is entitled to withdraw an instructor’s authority after one standards check if they consider that it is unsafe to allow that individual to continue training novice riders.
8.12 Where training is deemed dangerous and/or is seriously sub-standard, training may be stopped immediately. This could result in the Registrar removing an instructor’s authority
8.13 DVSA will write to both the instructor concerned and their ATB to explain the reasons for the CBT Registrar’s decision. The Registrar may ask for representations (see section 12) as to why they should remain on the register.
8.14 DVSA may use evidence from assessments indicating that a particular ATB cannot consistently provide full and proper CBT courses to withdraw the ATB’s authorisation to provide CBT courses.
8.15 In such instances, DVSA will write to the ATB to explain the reasons for the CBT Registrar’s concern and ask for their representations (see section 12) as to why they should remain on the register.
8.16 To ensure that ATBs are operating within the terms and conditions of authorisation, DVSA will carry out regular compliance checks. These may be unannounced or pre-arranged and more than one member of DVSA staff may visit the ATB.
8.17 The DVSA Examiner may check:
- documents that relate to the approved training site(s)
- records about the authorised instructors and their training and monitoring
- DL196 records and the arrangements for their storage and disposal
- your procedure for confirming that trainees have the correct provisional licence entitlements and are not disqualified
- your incident reporting procedure
- your training motorcycles general condition and whether they have valid MOT and road tax
- that you can confirm your training motorcycles are appropriately insured
- that training motorcycles are fitted with correctly sized and positioned L plates (D plates in Wales)
- the condition of any protective clothing you provide and that items such as safety helmets meet the appropriate standards
- that fluorescent or reflective safety apparel showing the identity of the ATB is worn by all instructors and trainees during training
- DL196 certificates may also be collected for analysis
8.18 DVSA will write to you following your compliance check to confirm the outcome and any action you may need to take.
This may result in:
- a fully compliant result with no action required
- a compliant result with minor improvements required
- significant improvements required with additional or special measures required before operations can continue
- withdrawal of authorisation resulting in closure of the ATB
8.19 DVSA will explain what, if any, improvements are required and what you need to do if you are to continue operating as an ATB. This may include an educational visit to help and support you. If your ATB has to close DVSA will explain the reasons why.
8.20 Your authorisation may be withdrawn if you:
- fail to meet the required standards
- refuse to comply with the audit
- fail to consistently meet the required standards or sustain improvements previously identified
8.21 In such instances, DVSA will write to the ATB to explain the reasons for the CBT Registrar’s concern and ask for their representations (see section 12) as to why they should remain on the register.
8.22 In cases where the Registrar decides the risk to the public, to road safety or to the integrity of the register is serious DVSA can take immediate action to withdraw an ATB’s authorisation. ATBs will then asked to provide representations as to why they should be allowed to reopen.