Terms and Conditions – Instructor Training
Driving Instructor Training – Terms & Conditions
1 Pre-Conditions of Driving Instructor Training and Acceptance From DVSA.
1.1 When applying to become a driving instructor, you must fulfil the following legal requirements:
- Obtain and complete a criminal record disclosure.
- Hold a full UK, unrestricted car driving licence.
- Have held your full UK driving licence for over 3 years, prior to entering the Register.
- Not have been disqualified (banned) from driving in the last 4 years, prior to being entered on the register.
- Be a ‘fit and proper’ person to have your name entered on the Register. all convictions, motoring and non-motoring still in force will be taken into account when assessing your suitability to be entered on the Register. This includes fixed penalty offences such as speeding.
1.2 If any of the information set out in Section 1.1, above is false or ceases at any time to be correct, or if any other information You have provided Us with, which We have relied on in deciding to enter into this Agreement is incorrect or ceases, at any time, to be correct, we may terminate this Agreement, see paragraph 10.
1.3 We may, at Our discretion, decide to provide Services to You before the DVSA accepts Your application to begin the qualifying process to become an ADI. Should we do so, and the DVSA does not accept Your application within a reasonable time period, We may terminate this Agreement.
2 Booking Tuition, Keeping Within DVSA Time Limits, Tests and Any Additional Training.
2.1 Once You have made any initial payments due to Pass Drive, in relation to the cost of the Course, We will provide you with a Welcome Pack, containing the details for your Criminal Record Disclosure, and training resources to allow You to begin studying for your Part 1 test.
2.2 You will need to arrange Your Part 1 test with the DVSA, and You must pay the fee for the Part 1 test to the DVSA directly. We will support You in training for your Part 1 test, and We may provide You with advice as to whether and when, in Our opinion, You are prepared to take Your Part 1 test. If We recommend that You are prepared to take Your Part 1 test, We do not give any guarantee that You will successfully pass the test.
2.3 Should You need to re-sit Your Part 1 test, You will be responsible for paying any test fees directly to the DVSA, and for arranging a re-sit for Your Part 1 test with the DVSA.
2.4 Once You have successfully passed your Part 1 test, We will allocate you with a Trainer, who will provide You with Training for your Part 2 and Part 3 tests. We will try to ensure that Your Trainer will be in a location convenient to You, but this will depend on availability. We will provide You with details of how contact will be made between You and Your Trainer.
2.5 We will use any reasonable efforts to ensure you can complete any in-car training You have booked.
2.6 You will be responsible for arranging Your Part 2 and/or Part 3 tests with the DVSA and You must pay the fees for each of these tests directly to the DVSA. The DVSA require You to pass both Your Part 2 and 3 tests within two (2) years of passing your Part 1 test. You are responsible for arranging your Part 2 and Part 3 in-car driving tuition in a timely manner, to ensure that you meet this requirement (or any version of it). We may provide You with guidance as to whether and when, in Our opinion, You are prepared to take Your Part 2 and/or Part 3 test. However, as with the Part 1 test, if we advise that you are prepared for Your Part 2 and/or Part3 test, We do not give any guarantee that You will successfully pass.
2.7 You are responsible to meet any DVSA requirement(s) with regards to attendance at and participation in, any tests including, but not limited to, arranging and being accompanied by a pupil during Your Part 3 test.
2.8 Should we provide you with a vehicle for use in Your Part 2 and/or Part 3 test, You will use the vehicle for this purpose only, and You will be responsible for meeting any costs We incur as a result of any damage sustained to the vehicle or any accident involving the vehicle whilst in Your custody, which is not covered by Our insurance policy. We reserve the right to refuse to provide you with or procure a vehicle for use in Your Part 2 test, should Your driving, in either Our or Your Trainer’s opinion, be unsafe. In addition to this, we reserve the right to refuse to provide you with or procure a vehicle for use in Your Part 3 test, where, in Our or Your Trainer’s opinion, You have not reached the minimum standard of competence, and cannot safely and responsibly manage or control the driving of a pupil.
2.9 Should You need to re-sit Your Part 2 and/or Part 3 test or sit a test which has been rescheduled due to, You not meeting the standards as stated in paragraphs, 2.6 and 2.7 above, it is Your responsibility to pay all relevant fees to the DVSA, and for arranging to re-sit or reschedule the test with the DVSA.
2.10 You will normally be provided with a vehicle to sit or re-sit Your Part 2 or Part 3 test, upon Your request, and unless You use part of Your in-car tuition allowance for any test (at a cost of 2 hours per test) under paragraph 4.3 or, 5.3, We will be entitled to charge You for the use of any vehicle at Our then-current rates, as stated in paragraph 2.11. The use of any vehicle will be in accordance with paragraph 2.8.
2.11 We may be able to provide You with additional training, beyond that included within each individual part. This is available upon Your request, and You will be required to pay us for any additional training at Our then-current rate(s), which we can provide you with upon Your request. Any additional training must be paid for by You in advance to Us, at the then-current rates, and must not be paid to your Driving Instructor Trainer.
2.12 Although you are not obliged to share the outcomes of each test, we would appreciate if You could please advise Us as soon as possible, whether you have passed or failed. It would also be appreciated if you could please provide Us with a copy of Your test results, as these will allow Us to identify any areas for future development to help You with Your training.
3. Part 1 – Theory and Hazard Perception
3.1 Prior to the commencement of any training for the Part 1 test, under paragraph 3, You will pay Us the relevant Charges, in line with paragraph 6.2. We are not required to provide you with any materials or training, prior to Us receiving payment from You.
3.2 The standard required to pass Part 1 are specified by the DVSA. With regards to Part 1, We will, in line with our Terms and Conditions, including without limitation paragraph 8, provide You with the following to support and assist You as you train to reach the standards set by the DVSA:
3.2.1 Access to our online resources and training materials;
3.2.2 Administrative support
3.2.3 Any other training tools and/or assistance We may provide from time to time, subject to these terms and conditions, at Our discretion and availability.
4. Part 2 – Driving Ability
4.1 You will be able to request the commencement of your Part 2 Training, providing that you have successfully passed your Part 1 test. Prior to the commencement of any training for the Part 2 test, under paragraph 4, You will pay Us the relevant Charges, in line with paragraph 6.2. We are not required to provide you with any materials or training, prior to Us receiving payment from You.
4.2 The standard required to pass Part 2 are specified by the DVSA. With regards to Part 2, We will provide You with the following to train, support and assist You, to reach the required standards set by the DVSA:
4.2.1 Access to our training resources;
4.2.2 Administrative support
4.2.3 In-car tuition and training, by a qualified and experienced Driving Instructor Trainer. You will be provided with a Vehicle for this tuition; and
4.2.4 Subject to paragraphs 2.8 and 2.10, use of a vehicle for your Part 2 test; and
4.2.5 Any other training tools and/or assistance We may provide from time to time, subject to these terms and conditions, at Our discretion and availability.
4.3 The maximum aggerate number of hours that We are required to Provide You with under paragraph 4.2.3 shall not exceed ten (10) hours of in-car training and tuition. If You wish to use a vehicle supplied by Us to take a Part 2 tests, this will equate to two (2) hours of in-car training for each test, please see paragraphs 2.9 and 2.11 for further details. If You fail to arrange any in-car tuition which is made available to You, in relation to Part 2 to take place within 12 weeks of having passed Your Part 1 test, we will be entitled to, but not required, to terminate Our Agreement.
5. Part 3 – Teaching and Instructional Ability
5.1 You will be able to request the commencement of your Part 3 Training, providing that you have successfully passed your Part 2 test. Prior to the commencement of any training for the Part 3 test, under paragraph 5, You will pay Us the relevant Charges, in line with paragraph 6.2 We are not required to provide you with any materials or training, prior to Us receiving payment from You.
5.2 The standard required to pass Part 3 are specified by the DVSA. With regards to Part 3, We will provide You with the following to train, support and assist You, to reach the required standards set by the DVSA:
5.2.1 Access to our training resources; and
5.2.2 Administrative support
5.2.3 In-car tuition and training, by a qualified and experienced Driving Instructor Trainer. You will be provided with a Vehicle for this tuition; and
5.2.4 Subject to paragraphs 2.8 and 2.10, use of a vehicle for your Part 2 test; and
5.2.5 Any other training tools and/or assistance We may provide from time to time, subject to these terms and conditions, at Our discretion and availability.
5.3 The maximum aggerate number of hours that We are required to Provide You with under paragraph 5.2.3 shall not exceed forty (40) hours of in-car training and tuition. If You wish to use a vehicle supplied by Us to take a Part 3 tests, this will equate to two (2) hours of in-car training for each test, please see paragraphs 2.9 and 2.11 for further details. If You fail to arrange any in-car tuition which is made available to You, in relation to Part 3 to take place within 12 weeks of having passed Your Part 2 test, we will be entitled to, but not required, to terminate Our Agreement.
6. Payment and Charges
6.1 You are required to pay Us the Charges for the course as agreed and set out on the confirmation receipt that We send You.
6.2 Should You choose to a finance option, You application should be made direct to Payl8r Finance. When accepted, You will be required to pay an initial deposit to Payl8r
There are two different payment options that We offer. The option which We have agreed upon will be shown on the confirmation receipt which We will send You. The two payment options (and the specific terms and details which apply to them) are as follows: and pay back the total Charges to Payl8r in monthly instalments. Once/if your application for finance is accepted, We will be able to provide you with Our Services. We are not required to provide You with any Services prior to your application being accepted.
7. Learning Materials And Tuition
7.1 All written training materials will be sent to You by email and post, upon making payment for the Charges. You will receive everything that you need to begin Part 1 training in your ‘Welcome Pack’ alongside other resources.
7.2 Should You cancel any in-car tuition on less than 48 hours notice, this will count towards the number of training hours specified in paragraphs 4.2.3 and 5.2.3. If You cancel any training or tuition that You have requested under paragraph 2.11 which is additional to Your training entitlement under paragraphs 4.2.3 and 5.2.3, then We are entitled to retain or, as applicable, to recover and Charges You have paid, or which are due for that tuition/training.
8. Suspension and Termination
8.1 You have a right to terminate your Agreement and training, should You fail any of the Part 1, 2, or 3 tests. However, no refunds will be given.
8.2 Without prejudice to any other rights that we may have by law, We may exercise Our rights to terminate Your Agreement in line with paragraphs 1.2, 1.3, 4.3, 5.3.
8.3 Should We nor Your Driving Instructor Trainer receive contact from You for any period of 12 weeks or more, We will be entitled to suspend any Services (including but not limited to Our online training resources under paragraphs 3.2.1, 4.2.1 and 5.2.1) until You contact Us and request that Services resume.
9. Your Right To Cancel
9.1 You will be sent a ‘Welcome Pack’ containing all the resources that you require to begin your Part 1 training, alongside a copy of Your Agreement. You may cancel this Agreement during the 14-day period, starting the day after the date on Your Agreement as set out on the confirmation receipt that We send to You (the “cooling-off period”).
9.2 Should You exercise Your right to cancel the Agreement, You should inform Us of Your decision to cancel. You may do so, buy making a clear statement to Us of Your intention to cancel, within the cooling-off period, by phone, post or email.
10. Refunds On Cancellation Or Termination Of Your Agreement
10.1 Should You decide to cancel the Agreement within the 14-day cooling-off period, as set out in paragraph 9, We will provide You with a full refund for the Charges that You have already paid Us for, on the condition that You have:
10.1.1 Not accessed Our online training resources.
10.2 Following the cooling-off period, referred to in paragraph 10.1 You are still permitted to cancel the Agreement, but no refund will then be due from Us to you. After two (2) years of the date of the Agreement, any training or tuition not undertaken will be forfeited.
10.3 Should We terminate the Agreement under paragraph 1.3 because the DVSA rejects your application to begin qualifying as an ADI, We will provide You with a full refund.
11.1 Any materials that we provide You with belong to Pass Drive Limited/ Advanced Driving Academy. You agree and acknowledge that all rights in Our documents and training materials are either owned or licenced to Us.
11.2 Any copying, duplicating or distribution of these documents and materials is unauthorised.
12.1 We are not liable for any death, loss or injury sustained by You, during or after your training, unless such incident is due to Our negligence or breach of Your Agreement.
12.2 We may assign, hold in trust, licence or sub-contract all or any part of Our rights or obligations under the Agreement. As such, we may provide some of Our Services through third-party Driving Instructor Trainers.
12.3 Any Agreement is personal to You, and as such, You are not permitted to assign; hold on trust; licence; sub-contract or resell any or all of Your rights or obligations under the Agreement without Our prior written consent.
12.4 No one else shall be able or permitted to enforce any of the terms of the Agreement.
12.5 The Agreement may not be edited or varied unless that variation is in writing and signed by both parties (Us and You).
12.6 Any notice in connection with the Agreement (including any complaints) must be in writing addressed to Pass Drive Limited, Unit 9, Business Incubator, Myergormie Place, Mitchelson Industrial Estate, Kirkcaldy, Fife, KY1 3NA, and will be duly served:
12.6.1 If delivered by hand, and left at the proper address for service;
12.6.2 If given or made by first class post or special delivery post, 48 hours after being posted, excluding days other than Business Days.
12.7 The formation, existence, construction, performance, validity and all aspects whatsoever of the Agreement will be governed by the relevant United Kingdom law. The English Courts (if You live in England), Scottish Courts (if You live in Scotland) or Welsh Courts (if You live in Wales) will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Agreement. You and We agree to submit to that jurisdiction.