Terms and Conditions
This document outlines the terms and conditions of services provided by Drive Wright Scotland (the Instructor) for you (the Client).
Payment:
Payment in full is required before commencement of the lesson. The lesson will not take place unless payment has been made.
Payments can be made by online transfer using internet banking. Account details to send to are available on request. Payments can also be made using the Total Drive app, using a credit or debit card.
Prices:
Up-to-date pricing can be found within the Services section of the website.
Lesson prices are subject to change. Your Instructor will notify you of any price changes two weeks before they are due to apply by notification on the Total Drive app.
Block booking payments have a 6 month validity. Remaining credit after 6 months from the payment date will be forfeited. Your Instructor may choose to extend the validity of block booking payments at their discretion.
Cancellations:
Lessons may be cancelled or altered by the Client up to 48 hours before the scheduled lesson time. Payments may be refunded if necessary
If a lesson is cancelled within 48 hours of the scheduled lesson time, then your Instructor will endeavour to fill that slot with another lesson. If the lesson can be taken by another pupil, then the Client cancelling the lesson will not be charged for the cancellation.
If the lesson cannot be filled by another pupil, the Client cancelling the lesson will be required to pay the full fee for that lesson, and refunds will not be provided, unless there are exceptional circumstances. Your Instructor will use their discretion as to whether or not to charge for the lesson.
If charges for cancelled lessons are not paid where required as detailed above, no further lessons will be provided until the balance is cleared.
Drive Wright Scotland may need to cancel your lesson in some circumstances, due to Instructor illness or availability. If this becomes necessary, every effort will be made to contact the Client to arrange another suitable time, with as much notice given as is possible. If the lesson is cancelled, or the Client cannot make the rearranged time, then a refund will be provided if necessary.
Lesson times may be altered if required. Your Instructor will contact you as soon as alteration of the lesson time becomes necessary. If a time alteration is offered, and the Client declines, your Instructor will honour the originally arranged time where possible.
Waiting List
Clients added to the waiting list will have a profile created on the Total Drive app. This profile will be their means of retaining their place on the waiting list.
Clients on the waiting list should ensure that they have notifications for Total Drive turned on to make sure that they receive important updates from their Instructor.
Clients should make sure that they complete all aspects of their profile on Total Drive, including their availability for lessons.
Details of the last time that the Client logged into the app are visible to their Instructor. Clients who have not logged into their profile within the last 3 months will have their details removed from the system, and will be assumed to no longer require lessons.
The Lesson:
The lesson will start and end at a location arranged in advance; agreed by the Client and the Instructor.
The Client will meet the Instructor outside at the agreed start point and time.
If the Client has not appeared 5 minutes after the agreed lesson start time, the Instructor will attempt to make contact with the Client by text message.
If the Client has not appeared by 10 minutes after the agreed lesson start time, and has not responded to the previous text message, the Instructor will attempt to make contact with the Client by phone call and voicemail.
If the Client has not made contact by 15 minutes after the agreed lesson start time, and has not responded to any of the attempts at contact by the Instructor, the Instructor will leave the arranged meeting location, and a charge for the lesson will still be incurred.
Lessons that are begun late due to the late arrival of the Client will still finish at the previously arranged finishing time.
Your Instructor will normally ensure that they are at the prearranged lesson start location 5 minutes before the start of the lesson.
There may be occasions that the Instructor is late as a result of traffic or weather conditions. In these occasions, the agreed length of lesson will be still be carried out, which may result in a slightly later finishing time.
Termination of a Lesson:
Your Instructor reserves the right to terminate the lesson at their discretion, because of, but not limited to, the following circumstances:
The Client is suspected of being under the influence of alcohol or drugs
The Client drives in such a manner that consistently endangers the safety of the Instructor, the Car, the Client and other road users.
You should notify your Instructor if you are taking medication that affects your ability to drive a car. The Instructor reserves the right to terminate the lesson if you are directly disobeying the instructions of medical practitioners.
Any terminated lessons will still incur the full lesson charge, and no refunds will be given.
Other Lesson Conditions:
The Instructor will do their best to accommodate the regularity of lessons required by the Client, depending on their availability.
Lessons will normally be held in regular weekly slots to aid diary planning.
Clients who regularly cancel lessons at short notice may forfeit their lesson slot, except in exceptional circumstances. This is at the discretion of your Instructor.
It may sometimes be necessary for a Client to take a break from lessons for a period of time. If this is required, your Instructor will ask for how long the break will be taken, so that lesson slots can be reallocated if necessary. Your Instructor cannot guarantee the availability of a regular lesson slot if the length of break in lessons is not advised.
In the event of a loss of contact with the Client, the Instructor will attempt to make contact by email, text message or phone call. If the pupil does not respond to the first contact, two further attempts will be made. If after the third attempt no contact is returned by the Pupil, then the lesson slot will be reallocated.
The Driving Test:
Your Instructor will advise the Client if they are meeting the required standard for the driving test as the test date approaches.
If the Instructor decides that the Client does not meet the standard required, the Instructor will advise the Client to change the date of the test. This will be done no later than the latest date for changing the test without incurring a charge, as found on the confirmation of the test booking.
If the Client decides to continue with a prearranged test despite the advice of the Instructor, the Client will be required to provide their own suitable car for the purposes of the test. Your Instructor reserves the right to refuse use of the Client for the purposes of the driving test.
A minimum 2hr lesson must be booked on the test day.
Short Notice Lessons:
Driving lessons are offered to registered clients via the Total Drive app when they become available at short notice. This is typically due to regular clients being ill or otherwise unavailable for their lesson time.
These lessons will show up as ‘lesson gaps’ or ‘gaps’ on the Total Drive app, with new gaps being notified directly through the app. Ensure you have notifications turned on to be notified of these.
Gaps can be booked directly on the app. A lesson will not be considered ‘booked’ until payment is made for the booking, which must be received within 30 minutes of the gap being selected.
Provisional bookings where payment has not been made within the required time will be cancelled, and the gap will be offered out again.
Payments for short notice bookings are non-refundable. In the event of needing to cancel a short notice booking, the original client will still be liable to the full charge for the lesson unless another paying client is able to take the slot.
Gaps will not be listed if they are due to start within the next 2 hours. Any gaps that are left unbooked will be removed from the app upon reaching 2 hours before the start time.
Documentation and First Lesson Checks:
At the first lesson with Drive Wright Scotland, all clients will be required to provide their photocard licence for inspection. They will also be asked to generate an online licence check code so that the instructor can verify the licence. No Client will be permitted to drive the Car unless both of these checks can be done.
All lessons will be documented in a lesson summary, accessible via the Total Drive app. This will act as a record of all sessions, including what has been covered.
The Client will also be sent copies of invoices for any payments that have been made. They can see their balance at any time via Total Drive.
The Client may view their progress at any time on the Total Drive app, including the syllabus.
The Client will also be required to complete an eyesight check, reading a standard UK number plate from a distance of 20.5 metres. Pupils are responsible for remembering to bring any glasses or contact lenses required to assist their vision
Traffic Violations:
Whilst the Client is driving the car, they are responsible for any traffic violations that take place – this includes, but is not limited to, passing red traffic lights, speeding and passing fixed cameras at bus lanes. The Instructor will do their utmost to make the Client aware of excess speed, or to encourage them to stop at traffic lights if there is a danger of them contravening a red light. Similarly, they will advise on the operation times of bus lanes if a possibility of a violation happens.
The Client will take any penalty points or fines that occur whilst they are driving. All pupils will be required to submit their full driving licence number and address for the Instructor’s records. It is illegal for anyone other than the driver to take penalty points or fines.
Internal Cameras:
Your tuition vehicle is fitted with externally-facing cameras in the front and rear windscreens, which record continuously during the lessons. These are installed as a teaching aid, but also to act as a record in case of any accidents or incidents that occur during lessons or tests.
The cameras DO NOT record audio, and so there is no chance that any conversations taking place during the car are being recorded.
All pupils consent to allowing for footage from their lessons to be sent to the police or insurers as required in case of an accident or incident, whether caused by the pupil or another road user.
Footage taken during driving lessons may be used in promotional material, including Facebook, YouTube or our website. Video footage is stamped with date, time and speed, but not with any pupil details. Any Client not wishing for their footage to be used should make this clear to their Instructor.
An internal facing camera is also fitted for use within some training sessions. This is normally covered over in a regular lesson. If the internal facing camera is to be used, the consent of the Client will be required, and the Instructor will notify about this before the internal facing camera is used.
Data Protection:
Client details will be stored whilst they are undertaking lessons. This will include their name, phone number, email address, full driving licence number, and driving licence start date and expiry date.
In signing these terms and conditions, the Client consents for their data to be stored.
Data will be stored and uploaded into the Total Drive app. Please visit their website for details of how that data is stored – www.totaldrive.co.uk
Drive Wright Scotland will notify any Clients of a data breach, primarily by email.
Clients will be asked to give consent if their data is being shared within the organisation – this may include passing client details to other instructors within the organisation.
Clients can request at any time for their details to be deleted from our systems. Please note that the details listed above are a minimum requirement for driving lessons, and so a deletion of data would also result in a ceasing of lessons.
Complaints:
If you do wish to make a complaint, these must be made in writing and sent to:
Drive Wright Scotland
26 Stoneyflatts Crescent
South Queensferry
EH30 9XX
ADI Code of Practice
The Instructor agrees to at all times abide by the Driving Standards Agency’s Voluntary Code of Practice. The details of this are included below, and can be found on the NASP website (http://www.n-a-s-p.co.uk/news/4589268318):
ADI Code of Practice
The Driver and Vehicle Standards Agency (DVSA) and the driver training industry place great emphasis on professional standards and business ethics.
This industry code of practice has been agreed between the National Associations Strategic Partnership (NASP) and the DVSA. It is a framework within which all instructors should operate. These professional bodies expect their members to adhere to this 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:
• 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:
o the protection of personal freedoms, the prevention of discrimination based on age, disability, gender, race, religion or sexual orientation
o not using mobile devices like phones when driving or supervising client’s driving and only when parked in a safe and legal place
o 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
o 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:
o ensuring that clients personal information is not compromised
o 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
o treating other users of social media including clients, colleagues and their views with respect
o be careful not to defame the reputation of colleagues, the DVSA, driving examiners or the ADI Register
o not distribute, circulate or publish footage taken of driving tests from in car cameras, without permission from the 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:
o legal identity of the school/instructor with full postal address and telephone number at which the instructor or their representative can be contacted
o the current price and duration of lessons
o the current price and conditions for use of a driving school car for the practical driving test
o the terms which apply to cancellation of lessons by either party
o the terms under which a refund of lesson fees may be made
o 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 instructors 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
o any claims made in advertising shall be capable of verification and comply with current CAP Advertising Codes
o 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:
• 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:
o if a client believes that their instructor is not providing a satisfactory business service they can contact their local Citizens Advice Bureau for guidance
o if clients are unhappy with their instructor’s professional service, the client can contact the ADI Registrar by emailing adireg@dvsa.gov.uk
NASP member associations:
• Approved Driving Instructors National Joint Council (ADI NJC)
• Driving Instructors Association (DIA)
• The Motor Schools Association of Great Britain (MSA GB)