1: Legal responsibilities and moral obligations – Codes of Conduct
Warning – this unit was last revised in 2007
Unit 1: Legal responsibilities and moral obligations – Codes of Conduct.
Research Material:
The DSA ADI Code of Practice
Code Of Practice For Approved Driving Instructors
The DSA and the driving instruction industry place great emphasis on professional standards and business ethics. The code of practice has been agreed between DSA and the main bodies representing ADIs; it is a framework within which all instructors should operate.
The code leaflet can be obtained from any theory test and driving test centres. Your Driving Instructor should be able to obtain a leaflet for you. It is hoped that ALL Driving Instructors will formally agree to adhere to the terms of the Code.
Phone 0115 901 2618 for an information leaflet.
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 provide clients with a written copy of his/her terms of business to include:
- 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 into account 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.
Conciliation
Complaints by clients should be made in the first instance to the driving instructor/driving school/ contractor following the complaints procedure issued.
Failing agreement or settlement of a dispute, reference may be made to the DSA’s Registrar of Approved Driving Instructors who will consider the matter and advise accordingly.
Should the Registrar not be able to settle the dispute he or she may set up a panel , with representatives from the ADI industry, to consider the matter further or advise that the matter should be referred to the courts or other statutory body to be determined.
Discussion Points:
Confidentiality (including who is paying for the training)
Terms and Conditions and how they can be enforced
Avoiding Physical Contact (and the glass partition)
Discrimination
The DSA’s Recommended syllabus
Advertising
Complaints and Conciliation
Dealing with different views (racism, sexism, religion etc)
Exercises:
Decide on terms and conditions which you would like your customers to adhere to. Write these in a form which should be clear, concise and workable.
These terms and conditions should cover:
Cancellations
Complaints procedures
Customer’s responsibilities with regards fitness to drive/illness
Research other instructor’s terms and conditions before trying to write up your own