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:
General Data Protection Regulations (GDPR) and Privacy Policy
At Elite Driving Solutions we don't collect or store a lot of data online. Here's what is collected on the Elite website:
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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.
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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.
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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.
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:
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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.
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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.
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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.
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).
Our ADI's Code of Practice
We are proud to report that we follow the
Driver and Vehicle Standards Agency's (DVSA's)
Approved Driving Instructor (ADI) Code of Practice:
Personal conduct:
Driver trainers will be professional, comply with the law, keep clients safe and treat them with respect. The instructor agrees to:
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at all times behave in a professional manner towards clients in line with the standards in the national standard for driver and rider training
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at all times comply with legislative requirements including:
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the protection of personal freedoms, the prevention of discrimination based on age, disability, gender, race, religion or sexual orientation
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not using mobile devices like phones when driving or supervising client’s driving and only when parked in a safe and legal place
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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
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consumer, workplace and data protection regulations, the handling, storing, use and dissemination of video or audio recordings made in or around their tuition vehicle
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avoid inappropriate physical contact with clients
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avoid the use of inappropriate language to clients
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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
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avoid circumstances and situations which are or could be perceived to be of an inappropriate nature
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respect client confidentiality whilst understanding the actions to take if a client reveals concerns about their private lives
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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
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ensure that their knowledge and skills on all matters relating to the provision of driver training comply with current practice and legislative requirements
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use social network sites responsibly and professionally:
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ensuring that clients personal information is not compromised
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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
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treating other users of social media including clients, colleagues and their views with respect
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be careful not to defame the reputation of colleagues, DVSA, driving examiners or the ADI register
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not distribute, circulate or publish footage taken of driving tests from in-car cameras, without permission from DVSA and the client
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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:
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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
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on or before the first lesson make clients aware of both this code of practice and their terms of business which should include:
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legal identity of the school/instructor with full postal address and telephone number at which the instructor or their representative can be contacted
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the current price and duration of lessons
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the current price and conditions for use of a driving school car for the practical driving test
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the terms which apply to cancellation of lessons by either party
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the terms under which a refund of lesson fees may be made
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the procedure for making a complaint
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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
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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
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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
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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
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ensure that when presenting a client for the practical driving test:
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the client has all the necessary documentation to enable the client to take the test
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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
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accompany the client on their practical driving test and listen to the debrief, when requested to do so by the client
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Advertising:
Driver trainers will take care to advertise and promote their businesses in a clear and fair manner. The instructor agrees that:
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the advertising of driving tuition shall be clear, fair and not misleading
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any claims made in advertising shall be capable of verification and comply with current CAP Advertising Codes
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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
Conciliation:
Driver trainers will deal promptly with any complaints received and aim for speedy resolution of any grievances. The instructor agrees that:
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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
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if, having completed the procedure, the client has been unable to reach an agreement or settle a dispute further guidance may be sought:
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if a client believes that their instructor is not providing a satisfactory business service they can contact their local Citizens Advice Bureau for guidance
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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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Lesson Terms & Conditions
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.
Lesson Prices:
Current lesson prices are 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. Late payments will be charged at the full, current hourly rate. All payments must be made before or during the lesson unless previously agreed otherwise. Any changes to these prices will be advised in advance.
Booking Your Theory & Practical Driving Tests and Test Day Fees:
Talk to your instructor about when to book your theory and driving tests. Links to the current DVSA booking site is on our website. Please DO NOT use a third party booking service; they charge extra money for no real benefit.
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. 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.
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.
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.
Cancellation Policy:
If your instructor needs to cancel/reschedule a lesson:
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.
If you need to cancel/reschedule a lesson:
Lesson cancellation needs to be done at least 48-hours in advance. Any cancellations made with less than 48-hours notice will be subject to the full lesson fee. Fees waived for cancellations with less than 48-hours notice because of emergencies, extreme circumstances or for lessons rescheduled within seven days are up to the instructor’s discretion.
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. Your instructor will ensure that you get full lesson length.
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, this can usually be arranged. Speak to your instructor to arrange.
Complaints Procedure:
In the first instance, any queries should be directed to your instructor. They will be able to easily settle most issues immediately.
In the event of a dispute, please contact Elite Driving Solutions’ Business Manager, Christina Cowell, on 07885 480127.
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.
Health / Medication:
Students must make their instructor aware of any issues which may prevent them from driving, such as changes to your health or eyesight. If you are unsure then your instructor can advise you.
Alcohol / Drugs and Smoking:
Driving under the influence of alcohol / drugs is illegal. 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 undertake a breathalyser test. You will still be charged for the full lesson.
Please be aware that since the change in the smoking law, it is now illegal to smoke in any driving school vehicle. Cigarette breaks can be discussed with your instructor, but must be taken outside the vehicle.
In-Car CCTV:
The device is exterior camera system with audio. It features a GPS system which records the position, speed and direction of travel, and is also fitted with an accelerometer, which record excessive acceleration and braking, overly sharp steering, and would also record 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 either the police, the insurance company or any other interested party.