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Legal

All The

Legal Bits

Here are all the legal bits and bobs you need to know about Elite Driving Solutions. Click on a link below to scroll to that section of this page:

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GDPR and Privacy Policy

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Our ADI's Code of Practice

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Lesson Terms & Conditions

ADI Code of Practice Logo.jpg

Lesson Terms & Conditions

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1. Approved Driving Instructors:

Your instructor will display a badge on the vehicle windscreen / dashboard which confirms that they are qualified to teach. All Elite Driving Solutions’ instructors are DVSA licensed and DBS checked.

 

2. Lesson Prices:

Current lesson prices are displayed on our website. Your instructor may offer additional deals at their own discretion. Discounts are available, but payment must be received in advance to qualify. All payments must be made before or during the lesson unless previously agreed otherwise. Any changes to these prices will be advised in advance.

Refunds will be issued on request when excess payments have been made and lessons are no longer required, and are solely the responsibility of the instructor. Elite Driving Solutions holds no financial responsibility for individual instructor refunds.  To calculate refunds, the cost of any lessons taken will be taken at the full current rate and deducted from the last block payment made.

 

3. Booking Your Theory & Practical Driving Tests and Test Day Fees:

3.1. Talk to your instructor about when to book your theory and driving tests. If you do not book your practical test as agreed with your instructor, there is a chance that we will not be able to attend the test. In this event, you will be required to either move your test, or make alternate arrangements. 

3.2. Links to the current DVSA booking site are on our website and Total Drive. 

3.3. On the day of your practical driving test there will be a standard 2-hour charge. This includes car hire and insurance for the test, transport to and from your test and an hour lesson before the test which includes getting to the test centre. The test day fee remains the same if you decide to drive your own car but would like your instructor present. Your instructor will not make any additional charges for the test. This does not include the DVSA fees for the driving test itself, which are payable directly to the DVSA when you book.

3.4. Your instructor reserves the right to withhold use of their car for the test if they do not feel that you are driving at test standard.

3.5. If you have any sort of accident or incident during your test in the instructor’s car, you will be liable for the full insurance excess charge.

 

4. Cancellation Policy:

4.1. If your instructor needs to cancel/reschedule a lesson:

Sometimes we may need to cancel or reschedule lessons for reasons beyond our control. Your lesson will be rescheduled, if possible, to a mutually convenient time. If this is not possible, then your lesson may need to be cancelled. In this event you will be given as much notice as possible and you will not be charged.

4.2. If you need to cancel/reschedule a lesson:

LESSON CANCELLATION NEEDS TO BE AT LEAST 48-HOURS IN ADVANCE. Any cancellations made with less than 48-hours notice will be subject to the full lesson fee. In exceptional circumstances, cancellation fees may be waived at the instructor’s discretion.

In the event of constant or repetitive cancellations, the instructor reserves the right to either stop booking regular lesson slots, or to remove the student from the register.

 

5. Lesson Timings:

On occasion, your instructor may be delayed in traffic and arrive slightly late. If this happens, then the time will be made up to you at the end of the lesson, or arrangements will be made for the time to be made up to you as is mutually convenient.

On occasion, the lesson may run over slightly at the instructor’s discretion. You will not be charged for this extra time. If you need the lesson to end precisely on time, let your instructor know.

If you need to be collected or dropped off anywhere other than home, but within the Thanet area, this can usually be arranged. Speak to your instructor in advance to arrange.

 

6. Complaints Procedure:

In the first instance, any queries should be directed to your instructor. They will be able to easily settle most issues immediately.

Unresolved issues should be brought to the attention of either Peter Glass or Craig Cowell. Contact details are available on the website.

If the dispute is still not resolved, then reference may be made to DVSA’s Registrar of Approved Driving Instructors who will consider the matter and advise accordingly.

 

7. Health / Medication:

Students must make their instructor aware of any issues which may prevent them from driving. Failure to do so may make the student responsible for any incurred financial or legal penalties.

 

8. Alcohol / Drugs and Smoking:

If your instructor believes that you may not be fit to drive they reserve the right to cancel the lesson. You may be required to take a breathalyser test. You will still be charged for the full lesson. If, in the event of an incident, you are found to be driving under the influence you will be charged for the full insurance excess, or the entirety of the repairs if applicable.

It is now illegal to smoke in any driving school vehicle. Breaks can be discussed with your instructor, but must be outside the vehicle and will be counted as part of your lesson time.

 

9. In-Car CCTV:

School cars are fitted with an exterior camera system with audio. These record position, speed and direction of travel, plus excessive acceleration and braking, overly sharp steering, and any impact in the unlikely event that this occurs. This information will normally be automatically deleted after a short time. In the event of an incident we may be required to release footage to the police, the insurance company or any other interested party.

 

10. COVID-19:

All students must follow  current UK legislation and advice with regards to COVID protocols.

You MUST let us know if you or a member of your bubble has had a positive COVID test, or if you have been in contact with someone who has tested positive, or if you have been told to isolate. In these circumstances your lesson may be cancelled. 

Vehicles will be regularly cleaned to minimise viral/bacterial transfer..

Please make use of antibacterial hand-gel supplied.

 

These terms may be subject to change. Last revised August 2023

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General Data Protection Regulations (GDPR) and Privacy Policy

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At Elite Driving Solutions we don't collect or store a lot of data online. Here's what is collected on the Elite website:

  • We use cookies to provide the services and features offered on our website, and to improve our user experience. You can find out more about cookies here.

  • We do require your name and email if you fill out the Contact Form. Your phone and address is requested on that form, but it's not required. That data is emailed directly to us and not stored anywhere else. Once we have dealt with the inquiry the email is deleted. We do not keep your name, email, phone number or address unless you have requested further follow-up. If you do request follow-up, such as a phone call back from one of our instructors, we will pass that data along to them. They will delete any electronic data once they have dealt with your request.

  • You will notice that we post quotes from past students and students' name, picture and the date they passed their driving test on our website, Facebook and Instagram pages. Prior to posting these we do receive permission from the student.

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Elite Driving Solutions and/or it's Instructors do keep prospective, current and past students' data in paper form, which is kept in a secure location. Sometimes this data is kept in electronic form, in which case it is kept in password protected accounts on password protected computers and/or smartphones/tablets. Here's the data we will collect on students, why we need it, and how we deal with that data by student type:

  • Prospective Students: In order to determine how we can best help a prospective student we will speak on the phone with them about their situation. At this point we usually have their name, phone number and sometimes their email address. If they choose not to become a student this information is shredded if it was on paper or, if it was passed to an Instructor electronically, it will be deleted.

  • Current Students: We keep a lot of data on current students to ensure that we can carry out our duties as an Approved Driving Instructor and so that you get the very best instruction. Included in our file on you is: your name, address, phone number(s), where you are dropped off and picked up for lessons, your provisional driver's licence number, your driving history, details of lessons - including date, time, amount paid, and what happened on your lesson - and a record of your theory and driving tests.

  • Past Students: Once you have stopped lessons we retain your paper/electronic files for no more than 7 years; after this time they are shredded/deleted. The only exception to this is your record of payments, which may be kept longer for accounting purposes, and your consent form, name and image if you consented to having your photo on our Pass Parade and social media.

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Your have the right to access, rectify and erase any data we hold on you. In the first instance, any queries should be directed to your instructor. Within 30 days of you contacting us we will comply with your request regarding your data and let you know what we did. If you feel we haven't handled your data appropriately, we politely request that you speak with us to let us try to rectify the problem (if you have only spoken to your Instructor up to this point, please contact  Elite Driving Solutions' Business Manager, Christina Cowell, on 07885 480127). If you are still unsatisfied, you have the right to lodge a complaint with the Information Commissioner's Office (ICO).

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Our ADI's Code of Practice

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We are proud to report that we follow the

Driver and Vehicle Standards Agency's (DVSA's)

Approved Driving Instructor (ADI) Code of Practice:

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Personal conduct:

Driver trainers will be professional, comply with the law, keep clients safe and treat them with respect. The instructor agrees to:

  • at all times behave in a professional manner towards clients in line with the standards in the national standard for driver and rider training

  • at all times comply with legislative requirements including:

    • the protection of personal freedoms, the prevention of discrimination based on age, disability, gender, race, religion or sexual orientation

    • not using mobile devices like phones when driving or supervising client’s driving and only when parked in a safe and legal place

    • demonstrating a high standard of driving and instructional ability upholding safety standards including showing consideration for all other road users particularly pedestrians, cyclists, motorcyclists and horse riders

    • consumer, workplace and data protection regulations, the handling, storing, use and dissemination of video or audio recordings made in or around their tuition vehicle

  • avoid inappropriate physical contact with clients

  • avoid the use of inappropriate language to clients

  • not initiate inappropriate discussions about their own personal relationships and take care to avoid becoming involved in a client’s personal affairs or discussions about a client’s personal relationships, unless safeguarding concerns are raised

  • avoid circumstances and situations which are or could be perceived to be of an inappropriate nature

  • respect client confidentiality whilst understanding the actions to take if a client reveals concerns about their private lives

  • treat clients with respect and consideration and support them to achieve the learning outcomes in the national standard for driving cars and light vans (category B) as efficiently and effectively as possible

  • ensure that their knowledge and skills on all matters relating to the provision of driver training comply with current practice and legislative requirements

  • use social network sites responsibly and professionally:

    • ensuring that clients personal information is not compromised

    • ensuring when using social media for marketing purposes that what is written is compliant with privacy and data protection legislation pertaining to digital communications, the laws regarding spam, copyright and other online issues

    • treating other users of social media including clients, colleagues and their views with respect

    • be careful not to defame the reputation of colleagues, DVSA, driving examiners or the ADI register

    • not distribute, circulate or publish footage taken of driving tests from in-car cameras, without permission from DVSA and the client

 

Business dealings:

Driver trainers will account for monies paid to them, record client’s progress, advise clients when to apply for their driving tests and guide them fairly through the learning process. The instructor agrees to:

  • 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 make the details available to the client on request

  • on or before the first lesson make clients aware of both this code of practice and their terms of business which should include:

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

    • the current price and duration of lessons

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

    • the terms which apply to cancellation of lessons by either party

    • the terms under which a refund of lesson fees may be made

    • the procedure for making a complaint

  • check a client’s entitlement to drive the vehicle and their ability to read a number plate at the statutory distance on the first lesson and regularly during their training

  • make a record of a client’s progress, which will include the number of lessons provided, and ensure that the client is aware of their progress and future training requirement to achieve their driving goals

  • discuss with and advise a client when to apply for their driving tests, taking account of DVSA’s cancellation rules, local waiting times and the instructor’s forecast of a client’s potential for achieving the driving test pass standard

  • not cancel or rearrange a driving test without the client’s knowledge and agreement, in the event of the instructor deciding 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 DVSA test fee

  • ensure that when presenting a client for the practical driving test:

    • the client has all the necessary documentation to enable the client to take the test

    • the vehicle complies with all aspects of motoring law, displays the instructor’s certificate or licence correctly and is fitted with an extra interior rear-view mirror and correctly positioned L or optionally D plates in Wales

    • accompany the client on their practical driving test and listen to the debrief, when requested to do so by the client

 

Advertising:

Driver trainers will take care to advertise and promote their businesses in a clear and fair manner. The instructor agrees that:

  • the advertising of driving tuition shall be clear, fair and not misleading

  • any claims made in advertising shall be capable of verification and comply with current CAP Advertising Codes

  • advertising that refers to pass rates should not be open to misinterpretation and the basis on which the calculation is prepared should be made clear

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Conciliation:

Driver trainers will deal promptly with any complaints received and aim for speedy resolution of any grievances. The instructor agrees that:

  • complaints by clients should be made in the first instance to the driving instructor, driving school or contractor following the training provider’s complaints procedure

  • if, having completed the procedure, the client has been unable to reach an agreement or settle a dispute further guidance may be sought:

    • if a client believes that their instructor is not providing a satisfactory business service they can contact their local Citizens Advice Bureau for guidance

    • if clients are unhappy with their instructor’s professional service, the client can contact the ADI Registrar by emailing adireg@dvsa.gov.uk

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GDPR
Code of Conduct
Terms & Conditions
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