TERMS OF BUSINESS – For those undertaking driver training
[These terms are endorsed by the Motor Schools Association(MSA)]
1. Driving Licence
a) Clients MUST personally ensure that they are the holders of a valid, signed current driving licence, which must be produced at the first lesson. The photo card must be produced at the first lesson and at the driving tests.
b) Clients MUST inform their driving instructor if they receive any endorsements on their licence during the time they are receiving tuition.
c) Clients MUST inform inform their driving instructor of any disabilities they have which might affect their ability to drive.
2. Tuition Fees
Tuition fees will be agreed prior to undertaking a course of lessons and may be payable in advance. All accounts must be cleared before taking the official practical test.
3. Postponement or cancellation of lessons by clients.
a) At least TWO DAYS notice of postponement or cancellation of a lesson is required. Please note that Sunday and bank holidays are not counted as working days. Late cancellations will be charged for as the current hourly lesson fee.
b) Such notice to the driving school (in writing/telephone or text) shall be deemed to have been served on the day the communication is received, where it will be timed and recorded.
4. Postponement of a lesson by the 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 5), regardless of the client’s continuation of lessons with the school. Clients will appreciate that it may not always be possible to notify cancellation if a breakdown occurs on the way to a lesson.
b) Driving tests take priority over lessons therefore, a lesson already booked may sometimes have to be cancelled or postponed if the school receives short notice of a driving test.
c) In their own interest clients are advised to be punctual for their appointments. The instructor will wait ten minutes. A reciprocal waiting time may become necessary for the arrival of the instructor whom may be delayed due to some unforeseen circumstances. The lesson will commence from the appointed time or the time of the instructors arrival if that should be later and convenient.
d) Except provided for in a) above, the school where possible 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.
e) If circumstances arise that a change of instructor becomes necessary, the pupil shall have the right to decline and also the right to discontinue lessons with the school/instructor.
5. Postponement or cancellation of a test
a) The attention of clients is drawn to the fact that statutory period of notice is required under government regulations for the cancellation or postponement of a test.
b) If possible the pupil will be advised in good time of the advisability of cancelling their test. The school/instructor cannot be responsible for the loss of a test fee if the pupil fails to notify the DVSA booking office. Details are provided on the test booking confirmation e-mail.
c) The school/instructor CANNOT be held responsible for any postponement or cancellation of a test by the DVSA – at whatever notice.
d) Clients should note that where lessons or tuition vehicle hire are cancelled at short notice, because of a cancellation by the DVSA, fees are still payable. It may be possible for clients to claim lost fees from the DVSA.
6. School/Instructor Guarantee
a) The school/instructor guarantees that only legally authorised instructors will give tuition.
b) Instructors official authorising documents will be displayed on the windscreen of the car and may be freely inspected at any time.
c) 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 is in the public interest.
7. Driving Test
a) Your instructor will advise the appropriate time to make an application for both the theory and practical tests. The advice will be based on the clients 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. The school/instructor will not hesitate to advise, where necessary, the postponement of the test. This condition is 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/instructor 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 the driving test pass 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
* Falls 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 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 attend for your theory or practical test, you MUST take the required documents. Failure to comply with this regulation will mean the examiner will have to cancel the test, you will forfeit your test fee and have to apply for a new test date.
e) In the event of a test booking being made, the client is required to notify the instructor as soon as possible of the date/time and location. The school/instructor cannot accept any responsibility for booking an incorrect date/time or location.
8. Lessons in own car
a) Lessons may be given in a clients own car if the instructor willing to do so, on condition that it is clearly understood:
* The car is fully insured for teaching for reward and this is confirmed in writing by the vehicle underwriters.
* The instructor is covered by such insurance to drive the car – to be confirmed of as above.
* The instructor can no way be held liable for any damage or accident. While the instructor will make every effort to prevent the client having an accident, or damaging the car it will be realised that their 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.
9. Insurance
a) School cars are fully insured for tuition and driving tests. Insurer details are available on request.
b) No liability of any kind can be accepted by the school/instructor for the loss of, or damage to any property belonging to, or in the possession of the client.
10. Legal liability
a) Clients should be aware that their instructors primary objective is to promote road safety and in doing so they 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 unaccompanied 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 offences committed. This also applies to driving lessons, if it is deemed through negligence of the instructors commands.
11. Complaints
a) If you are unhappy with any aspect of your tuition you should notify the school/instructor without delay and not later than seven days from the date on which the cause of complaint arose. Every effort will be made by the school/instructor 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 mutually, then the client has the right to refer the matter to the Motor Schools Association of Great Britain Ltd, Chester House, 68 Chestergate, Macclesfield SK11 6DY.
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