Terms of Business – Qualified Drivers
These terms form a contract between us so it is important that you have read and understood the terms before starting any sessions with me. I will ask for written confirmation (by email) that the terms have been read and accepted before your first session so, if there is anything you do not understand, please ask me before you accept the terms. In the unlikely event that you are under 18 years old, I will require a parent or legal guardian to agree to these terms.
1. Contract – The contract commences from the start of the first driving session until your sessions have permanently stopped. However, either of us may cancel this contract at any time for any reason (providing at least 48 hours notice is given before any scheduled session).
If I change my terms, while you are still taking sessions with me, I will provide you with an updated copy (and a summary of any changes) at least 28 days before they come into effect (and ask you to reconfirm your acceptance).
2. My Business Details – I am a self employed, independent driving instructor, operating under a franchise agreement with AA Driving School (AADS). I am registered as a sole trader under the name “Driving Lessons with Martin (Nottingham)” and can be contacted by phone (07980111234) or by email (email@example.com). Although I am contracted with AADS, this is purely for the arrangement of a fully maintained and serviced driving school car. Your contract is solely with me (for the duration of your sessions with me) and not with AADS.
3. Driving Licence – You must have a valid driving licence and produce the photocard version on or before your first lesson. Information about your entitlements to drive and any endorsements are not recorded on your photocard licence but this information is stored and available online via DVLA’s “View My Licence” service. I will require you to access this service and provide me with a computer generated code (so that I can also view your entitlement to drive prior to your first lesson, using DVLA’s “Check Someone’s Licence” service). You must tell me of any changes (to entitlements or endorsements) during the course of your sessions with me.
4. Medical Fitness to Drive – You must check the list of notifiable medical conditions and advise me if you are suffering from any of the conditions listed, prior to your first lesson. Although it is your legal responsibility to report any notifiable medical conditions to DVLA, I may seek assurances from you that suitable action has been taken (e.g. that you have discussed the impact of a medical condition on driving with your GP and/or reported this to DVLA) once I am aware of any medical condition. While it remains your legal responsibility to be fit to drive (which includes checking that any medication you may be taking will not affect your ability to drive), I may cancel or curtail any session where I believe that you are not fit to drive (and especially if suspected to be under the influence of alcohol or drugs). I will also check that your eyesight meets the minimum requirements (being able to read a car registration plate from 20 metres). In addition, you must let me know if you suffer from any condition that may effect the way you learn (e.g. ADHD, Dyslexia, Dyspraxia, anxiety issues etc) and advise me of any change in your health situation during your period of driving sessions.
5. Insurance & Liability – You are covered by comprehensive motor insurance should you be involved in a collision whilst driving the tuition car. In addition to the car being insured, I have public liability insurance and professional indemnity insurance (provided through my membership of Driving Instructors Association) but I am not liable for any losses that you may incur through circumstances outside of my reasonable control or outside of my legal duty (including, but not limited to, any business interest you have). While I will do my utmost to ensure that your driving is always within the law, it is my legal duty to report the name of the driver in the event of any incident. As a qualified driver, you are responsible for any breaches of the Highway Code and any resultant penalty points/fines.
6. Payments/Booking – Prices will be agreed with you prior to taking any sessions and a date/time of session(s) will be agreed, subject to our mutual availability. A booking is confirmed once payment has been received and, unless agreed otherwise, payment must be made (by bank transfer) prior to the first session.
7. Cancelled Sessions – My approach to cancellation charges is that any session cancelled by you, due to illness, will NOT be subject to any charge providing that you provide prior notification (by text message or phone call), at least 1 hour before the scheduled start time. Similarly, if I am unwell and not fit enough to provide a lesson, I will give you at least 1 hour’s notice (or, if my car develops a fault, I will advise you as soon as I can) and rearrange the lesson as soon as I am able to resume work. If either of us need to cancel a session for any other reason (e.g. due to a change of work, school, college or university schedule), at least 48 hours notice must be given.
If you are likely to be late for your lesson, please text me as soon as you know. Likewise, although I am a very punctual person, sometimes unexpected traffic can cause me to arrive slightly later than planned. In this case, I will contact you (to advise you) and, where possible, extend the session so that the session continues for the full scheduled time (or, if not, round up the time to the nearest 15 minutes and extend any following session accordingly).
If you fail to provide the minimum notice (1 hour for illness or 48 hours for any other reason) or do not show up for a session, a cancellation charge of the full cost of the session will apply.
8. Conduct in the Car – I aim to create a safe and friendly environment in the car, in which learning can take place, and have agreed to abide by the DVSA’s voluntary Code of Practice and the Driving Instructor’s Association’s (DIA) Code of Conduct (both available on request).
Mobile phones must be switched off or on silent mode during the lessons. If your phone rings during the lesson or, exceptionally, if a phone call is required to be made, the car will need to be parked and the lesson will be temporarily suspended until ready to resume again. Please note that, legally, hand held phones can only be used when the car is parked and the engine is switched off.
My car is equipped with dual controls, which I will operate where verbal instruction is neither a timely nor an appropriate option, to help you avoid breaking a law (e.g. speeding or not stopping at a red traffic light or pedestrian crossing) or where actions would create a serious safety issue for either ourselves or others (e.g. emerging unsafely into a road or getting too close to parked cars). However, displaying a disregard for road safety (e.g. a tendency to frequently drive faster than is legal, suitable or instructed) or showing an inappropriate attitude towards me or other road users, will result in serious consideration given to curtailing a specific session or ceasing future sessions.
While I aim to avoid any physical contact during lessons, if I should need to take control of the steering wheel, gears or handbrake, this may result in inadvertent, brief physical contact with your hand or arm.
9. Trust & Confidentiality – As trust is an important aspect in any relationship, I am committed not to share details of your sessions with others and any personal information you choose to share with me during the course of your sessions will remain confidential.
While I may, on occasion, refer to a situation that another driver has encountered, this will be purely to illustrate a situation that you may face yourself (as part of your learning process) and will not involve divulging the name or identity of any other driver. If you personally know of anyone who has had (or is still having) driving lessons with me, I will not discuss their session with you (or discuss your session with them) or mention any situation that they have faced that might identify them.
11. Complaints – Nothing in these terms affects any statutory rights you may have as a consumer. In the event that you are unhappy with any aspect of your driving sessions with me, you should discuss the situation with me immediately in the first instance. In the unlikely event that any concerns raised with me are not resolved between us, you may wish to contact your local Trading Standards office or DVSA.
12. Law – These terms and conditions are governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English Courts.
Version: Qualified Drivers – 2019 (1)