Code of Practice / Terms of Business

Data Protection Registration:

The new General Data Protection Regulation (“GDPR”) came into effect on May 25, 2018.

At Dave Hall School of Driving it is necessary for us to hold data about you to ensure that you are legally and medically entitled to drive, to take driving lessons and to take tests for a specific class of vehicle, and to retain specific information for Inland Revenue Tax purposes.

For us to comply with GDPR requirements we would like to confirm that:

Dave Hall School of Driving is Registered with the Information Commissioner’s Office (ICO).
Registration Reference is ZA339739.

• The process personal information to enable us to provide education and training to our customers and clients; to promote our services, to maintain our own accounts and records and to support and manage our employees and clients.

The information we hold may include, but is not limited to: Name; Address; Date of Birth; Email address; Phone numbers; Driving Licence Number; National Insurance Number; Medical Declaration Information, Dashcam recordings, either visual or audio or both from within the vehicle and outside the vehicle.

• We use this information only to ensure that you are legally entitled to drive a specific class of vehicle, to ensure that you will be covered by the required insurance to drive a specific class of vehicle. To book or assist you to book driving tests (theory or practical) for a specific class of vehicle. The dashcam footage is used as precautionary measure for your own personal training development, or for potential evidence in the event of a legal matter, e.g Road Traffic Collision or allegation of a driving offence.

• We sometimes need to share personal information with the individual themselves and with other organisations. Where this is necessary we are required to comply with all aspects of the Data Protection Act.

• Payment processing is conducted via secure banking or on a mobile secure terminal. In this case, any receipts are kept solely for the purposes of Inland Revenue auditing and are kept secure.

Individuals have a right under the GDPR to have a copy of the information held about them. This is known as the right of subject access.

If a subject access request is received, it must be dealt with promptly and in any case within 40 days of the date of receiving it. The individual will be sent a copy of the personal information that is held on them.

The Driving School will provide information free of charge.

Code of Practice

This contains the Terms of Business of Dave Hall School of Driving and takes into account the CODE OF PRACTICE for Approved Driving Instructors, which is endorsed by the driving instruction industry.

Introduction

A driving instructor who gives lessons in a motor car in return for payment must be on the “Register of Approved Driving Instructors” (ADIs). To gain entry to the register prospective instructors need to pass a series of examinations administered by the Driving Standards Agency (DSA). People training to qualify as ADIs who have part completed the examinations can obtain from the Agency a licence to acquire practical experience which is strictly limited to six months. Once fully qualified and on the register, ADIs are regularly tested by DSA to check their continued ability to give instruction to an acceptable standard.

DSA and the driving instruction industry place great emphasis on professional standards and business ethics. The code of practice set out in this leaflet has been agreed between DSA and the main bodies representing ADIs; it is a framework within which all instructors should operate.

Personal Conduct

• The instructor will at all times behave in a professional manner towards clients.

• Clients will be treated with respect and consideration.

• The instructor will try to avoid physical contact with a client except in an emergency or in the normal course of greeting.

• Whilst reserving the right to decide against giving tuition, the instructor will not act in any way which contravenes legislation on discrimination

Business Dealings

• The instructor will 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 will make the details available to the client on request.

• The instructor on or before the first lesson should advise clients that they can obtain full details of the terms of business from the website.

• legal identity of the school instructor with full address and telephone number at which the instructor or his/her representative can be contacted

• the price and duration of lessons

• the price and conditions for use of a driving school car for the practical driving test

• the terms under which cancellation by either party may take place

• procedure for complaints.

• The instructor should check a client’s entitlement to drive the vehicle and his or her ability to read a number plate at the statutory distance on the first lesson. When presenting a client for the practical driving test the instructor should ensure that the client has all the necessary documentation to enable the client to take the test and that the vehicle is roadworthy.

• Instructors will advise clients when to apply for their theory and practical driving tests, taking account of local waiting times and forecast of clients’ potential for achieving the driving test pass standard. The instructor will not cancel or re-arrange a driving test without the client’s agreement. In the event of the instructor’s decision 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 DSA test fee.

• The instructor should at all times, to the best of his or her ability, endeavour to teach the client correct driving skills according to DSA’s recommended syllabus.

Advertising

• The advertising of driving tuition shall be honest; claims made shall be capable of verification and comply with codes of practice set down by the Advertising Standards Authority.

• Advertising that refers to clients’ pass rates should not be open to misinterpretation and the basis on which the calculation is made should be made clear.

The principle aims of the Code of conduct are:

1. To ensure that the public receive the best possible training and services from Approved Driving Instructor’s registered with the DSA and members of the Motor Schools Association and affiliated bodies.

2. To maintain and enhance the reputation, standing and good name of the DSA and Motor Schools Association and its members and affiliated bodies.

3. To promote Road Safety.

4. To encourage the growth and development of DRIVER EDUCATION.

This code has been drafted by consideration of the Office of Fair Trading and complies with the requirements of the relevant following Acts:

The Trade Description Act, 1968

The Misrepresentation Act, 1967

The Fair Trading Act, 1973

The Restrictive Practices Act, 1964

The Road Traffic Act, 1988

The operation of this Code is an obligation of membership of The Motor Schools Association.

Terms of Business

1. Progress Form and Assessment Record.

A progress form will be issued at the introduction of the first lesson. Pupils should bring this to every lesson in order that it can be updated.

An Assessment Record will be provided at the conclusion of each lesson. This will include the detail of the lesson delivered and useful advice to develop the pupil. This record will also include the date and time of the next lesson, and where possible the intended subject for the next lesson.

The driving school cannot be held responsible for any misunderstandings that may arise due to the pupil not checking their appointment information.

2. Driving Licence

a) Pupils must personally ensure that they are the holders of a valid, signed, current driving licence, which must

be produced at the first lesson and will be regularly, checked by the driving instructor.

b) Pupils must inform their driving instructor if they receive any endorsements on their licence during the time

that they are receiving tuition.

c) Pupils must inform their driving instructor of any changes to their health or disabilities they have which might affect their ability to

drive.

3. Pupil Comfort.

In the interest of comfort and safety, pupils are advised to wear suitable footwear and comfortable clothing

which does not restrict any movement, please ask your instructor for any advice you may require.

4. Lesson Fees

Lesson fees must be paid for at the beginning or before each lesson.

Block booked lessons must be paid before the commencement of the first lesson in that block of ten and all ten lessons must be taken in full before 3 months after the date of the first lesson, otherwise the advance payment could be forfeited.

All accounts must be cleared before taking the official practical driving test.

5. Postponement of a Lesson by a Driving School

a) If by reason of a vehicle failure or other emergency a lesson has been postponed at short notice, an alternative

appointment shall be made with mutual consent. Should such postponement be a driving test, the school shall be

responsible to the Pupil for the fee of the next test if it cannot be cancelled within the required time (see

paragraph 7), regardless of the pupil’s continuation of lessons with the school.

Pupils will appreciate that it may not always be possible to notify cancellation if a breakdown occurs on the way to the lesson.

b) Pupils will appreciate that a Driving Test must take priority over ordinary lessons, and therefore, a lesson

already booked may sometimes have to be cancelled if the School receives short notice of a Driving Test.

c) Except as provided for in a) above, the school will be bound to give notice of rearrangement or postponement

of a lesson within the same time limit as the School imposes upon a Pupil postponing or cancelling a lesson.

6. Postponement or Cancellation of Lessons by Pupils

Individual Lesson cancellations

a) At least two clear working days notice of postponement or cancellation of an individual lesson is required. Please

note that Sundays and Public Holidays are not working days. Late cancellations will be charged for as

specified in the fee section.

b) Such notice to the School (in writing, by telephone, electronic mail or text) shall be dealt with on the day that

the communication is received at the school’s premises, where it will be timed and recorded.

Block booking or multiple lesson cancellations

a) If ten lessons or more have been booked and have been purchased at a discounted price, any cancelations will result in the lessons already taken to be charged at the full value of individual lessons. Any refunds due will be calculated accordingly. In addition to this, the Driving School reserve the right to charge an administration fee of the cost of an individual lesson.

b) The Instructor has the right to terminate lessons at any time, and if this is during a ten lesson package, all lessons already taken will revert to the single lesson price.

c) All prepaid lessons must be taken within 3 months of the initial payment, otherwise the lessons not taken will be forfeited and will not be eligible for a refund, unless a written agreement has been made to extend this period.

Processing of Refunds Due

All refunds due must be requested by the pupil or by the person who made the original payment.

All refunds must be requested no later than 1 month following the notification of lesson termination.

All refunds will be processed within 3 working days (subject to holiday periods).

All refunds will be processed either by bank transfer or by card machine. This is to ensure that the refund is visible for auditing purposes.

Failure to request a refund within the above terms will render any balance non-refundable.

7. Postponement or Cancellation of a Driving Test (Theory or Practical)

a) The attention of clients is drawn to the fact that a statutory period of notice is required by Government

regulation for the cancellation or postponement of a test.

b) If possible, the client will be advised in good time of the advisability of cancelling their test. The instructor

cannot be responsible for the loss of the Test fee if the client fails immediately to notify the Test Booking Office.

The address and telephone number is given on the Test appointment document.

THE SCHOOL CANNOT BE HELD RESPONSIBLE FOR ANY POSTPONEMENT OR CANCELLATION OF A DRIVING TEST BY

THE TESTING AUTHORITY – AT WHATEVER NOTICE. PUPILS SHOULD NOTE THAT IF A DRIVING TEST IS CANCELLED

AT SHORT NOTICE BY THE TESTING AUTHORITY ANY LESSONS TAKEN PRIOR TO THE TEST WILL BE PAYABLE TO THE

DRIVING SCHOOL.

8. School Guarantee

a) The School guarantees that only a legally authorised instructor will give tuition. The instructor’s official

authorising documents will be displayed on the left hand edge of the windscreen of the car, and may be inspected freely at any time.

b) Clients may be accompanied on their lesson by a supervising examiner, whose job is to ensure that the tuition

given meets the required standard. This is a legal requirement and in the public interest.

9. The Driving Test

a) Your instructor will advise the appropriate time to make an application for both the theory and practical

driving tests. The advice will be based on the client’s progress to date. It does NOT imply that the necessary

standard has been reached, or that it will for certain be reached by the appointed Test date, and the School; will

not hesitate to advise, where necessary, the postponement of the Test. This condition is only intended to save

the Pupil expense, unnecessary failure, and the consequent delay in waiting for another test and obtaining a full

licence.

b) The school reserves the right to withhold the use of the School car for the test or a lesson, if in the opinion

of the Instructor the client is:

_ Not at driving test standard

_ Medically unfit (including eyesight)

_ Under the influence of drugs or alcohol.

_ Is not properly licensed to drive

_ Consistently fails to keep, or is late for appointments.

_ Fall into arrears over payment

_ If, for any other reason, the Instructor considers the client will be unsafe to handle a motor vehicle.

c) Clients may be accompanied on their test by a Supervising Examiner, whose job it is to ensure that official

standards of testing are observed by examiners. This is a legal requirement and is in the public interest.

d) You are reminded that when you go to take your theory or practical driving tests you must take the required

documents. Failure to comply with this regulation will mean the examiner will cancel your test; you will forfeit

your test fee and have to apply for a new test date.

e) In the event of the test Appointment being sent to the client, they are required to notify the School as soon as

possible, of the date and time of the Test and show the document to their Instructor on their next lesson. The

School cannot accept any responsibility for booking an incorrect time or date of the test unless the appointment

document is produced. If the appointment is sent to the School, then the School undertakes to show the client

the card on their next lesson or notify them as soon as possible. The card will also be handed over to the client

on request.

10. Lessons in own car

Lessons may be given in a client’s own car if the Instructor is willing to do so, on condition that it is clearly

understood:

• The car is fully insured for teaching, for reward – to be confirmed by the vehicle underwriters.

• The Instructor is covered by such Insurance to drive the car – to be confirmed as above,

• The instructor can in no way be held liable for any damage or accident. While the instructor will of

course, make every effort to prevent the client having an accident, or damaging the car it will be

realised that his control is very limited. If clients wish to have lessons in their own car then a second rear

view mirror must be provided for the Instructor. In view of the extra responsibility entailed, there will

normally be no reduction in lesson charges.

11. Insurance

a) The driving school vehicle is fully insured for tuition and driving tests, the insurance has been arranged by Waveney Insurance Brokers (commercial) Ltd,

Norwich, Norfolk. (The certificate of insurance is available for inspection,)

b) No liability of any kind can be accepted by the School for loss of, or damage to any property belonging to, or in

the possession of the client.

12. Legal Liability

a) Clients should be aware that their instructor’s primary objective is to promote road safety and in doing so he

will have to issue instructions which clients must be prepared to carry out without undue argument.

b) The instructor will make every effort to train you to the highest standard but can in no way be held liable for

any errors you commit whilst driving and not accompanied by your instructor either before or after a test pass.

c) During an official driving test the client is in charge of the vehicle and is liable for any fines or charges levied

as a result of any motoring offence committed.

13. Complaints

a) If you are unhappy with any aspect of your tuition you should notify the school without delay and not later

than seven days from the date on which the cause of the complaint arose. Every effort will be made by the

school to satisfactorily deal with the complaint, these ‘Terms of Business’ and the ‘Code of Practice for

Approved Driving Instructors’ forming the basis for negotiations.

b) Should any dispute be unresolved then the client has the right to refer the matter to the Motor Schools

Association of Great Britain Ltd, 101 Wellington Road North, Stockport, Cheshire, SK4 2LP.

14. School Fees for lessons taken after 1st September 2019. Duration of a lesson will be approximately one hour

The Charge for lessons is stated below and will be clearly stated in the agreement notice:

An individual lesson is £35.00 unless any other offer has been agreed and accepted, in which case this will be clearly stated on the agreement notice.

A series of ten lessons paid for in advance £320.00 unless any other offer has been agreed and accepted, in which case this will be clearly stated on the agreement notice.

The hire of the tuition car and instructor for the Driving Test is £70.00

Essential Tuition to follow your Driving Test pass

A six-module positive driving course rewarding you with insurance premium discounts. (Ask your

instructor for details) From £225.00

All fees are subject to adjustment from time to time at two weeks’ notice,

The preferred method of payment is by bank transfer, cash or chip and pin card.

The Driving School will not accept cheques for payment of lessons.

Lessons normally start from the pupil’s home or a place agreed by mutual arrangement.

In their own interests pupils are advised to be punctual for appointments, the instructor will wait 5

minutes. A reciprocal waiting time may become necessary for the arrival of the Instructor who may be

delayed due to some unforeseen circumstance. The lesson time will start from the appointment or the time

of the Instructor’s arrival if that should be later.

Signed by Driving Instructor: …………………………………………………….

Signed by Pupil …………………………………………………………………………………

Date: …………………………

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