Terms of Business (Mock Test Service)
These terms are specific to any learner driver who is booking a one-off mock test service. The terms form a contract between us, so it is important that you have read and understood all the terms before booking a mock test session. Please note that, throughout these terms, “I” or “me” refers to Martin, Driving & Vehicle Standards Agency (DVSA) Approved Driving Instructor (ADI) – DVSA reference 460309. The word “you” or “your” refers to the learner receiving the mock test.
I will ask for confirmation that the terms have been read and accepted before you start your mock test, by completing the section on the end of this webpage. Please see Section 1 regarding learners under the age of 18. If there is anything you do not understand, please ask me before you accept these terms.
1. Contract – The contract for a mock test commences from the day you confirm agreement to these terms and have completed the registration process (no later than the day before your mock test) until the end of the day of your mock test.
Regardless of age, all learners must read and accept these terms before a mock test can commence. However, if you are under 18 (legally a minor), a parent/legal guardian will need to formally accept these terms.
2. My Business Details – I am a self employed, independent driving instructor, currently operating under a franchise agreement (AA Solo Contract) 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 for a mock test is solely with me and not with AADS.
3. Driving Licence – You must have a valid provisional driving licence and produce the photocard version before your mock test can commence. Information about your entitlements to drive and any endorsements are not recorded on your photocard licence but is stored and available online via DVLA’s “View My Licence” service. If you have driven before, 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 mock test, using DVLA’s “Check Someone’s Licence” service). It is your responsibility to tell me of any changes (to entitlements or endorsements).
4. Health & Medical Fitness to Drive – It is your legal responsibility to report any notifiable medical conditions to DVLA. However, you should advise me of any notifiable medical conditions, medication currently used or any condition that may affect the way you learn (e.g. ADHD, Dyslexia, Dyspraxia, anxiety issues etc). While it remains your legal responsibility to be fit to drive at the time of the mock test any lesson (which includes checking that any medication you may be taking will not affect your ability to drive), I may cancel or curtail the session if 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) before your mock test begins.
Sections 4a and 4b were originally devised as part of a response to the coronavirus (Covid-19) pandemic. These sections now reflect a broader approach to our joint responsibilities of working together in the car.
4a -Working Safely Together in the Car – My Responsibilities
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).
To protect your health and safety (and the safety of other road users), I am committed to:-
(i) Cancelling the mock test if I am showing any symptoms of any virus that is considered contagious or consistent with those of coronavirus (Covid-19), refraining from having the session until being free of symptoms for at least 24 hours (or at least 24 hours after a negative lateral flow test, if previously tested positive).
(ii) Making you aware of any increased risk (e.g. if a member of my household has symptoms of Covid or if I have been to a crowded indoor event or travelled on a plane in the week leading up to your lesson) that may influence your decision to go ahead with your mock test
(iii) Opening all windows fully between all my lessons (to freshen the air within the car) and wipe down controls within the car (that you will come into contact with during your mock test) prior to you arriving at the car.
(iv) Wearing clean clothes every day and washing my hands (or using hand sanitiser) before you come to the car. I am also willing to wear a clean face mask if you should wish me to do so.
(v) Operating the car’s fitted dual controls and provide assistance with steering, 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 your 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).
(vi) Using dual controls to help prevent inconvenience to other road users or avoid you becoming too stressed in a particular situation (e.g. stalling at a busy junction). If I do take control, I will explain what I have done and why I have done it.
(vii) Avoiding physical contact with you. Please note that if I need to take control of the steering wheel, gears or parking brake, this may result in inadvertent, brief physical contact with your hand or arm. In the event of any inadvertent physical contact with any part of your body that is not covered (e.g. hand or arm), hand sanitiser will be offered at the earliest opportunity.
(viii) Ensuring my mobile phone is switched off or on silent mode during your mock test. Legally, hand held phones can only be used when the car is parked and the engine is switched off.
4b – Working Safely Together in the Car – Your Responsibilities
To protect my health (and that of my other pupils and other road users), you are committed to:-
(i) Cancelling the mock test if you are showing any symptoms of any virus that is considered contagious or consistent with those of coronavirus (Covid-19), refraining from having the session until being free of symptoms for at least 24 hours (or at least 24 hours after a negative lateral flow test, if previously tested positive).
(ii) Making me aware of any increased risk (e.g. if a member of my household has symptoms of Covid or if you have been to a crowded indoor event or travelled on a plane in the seven days leading up to you lesson) that may influence my decision to go ahead with your next lesson.
(iii) Wearing appropriate, clean clothes to your session, washing your hands prior to coming to the car (please note that hand sanitiser is available in my car for your use).
(iv) Doing your best to follow instructions provided by me and following the laws of the road (learnt as part of the theory). Please note that displaying a disregard for road safety or showing an inappropriate attitude towards me or towards other road-users will result in serious consideration given to curtailing the session.
(v) Ensuring your mobile phone is switched off or on silent mode during your mock test. Legally, hand held phones can only be used when the car is parked and the engine is switched off.
5. Insurance & Liability – Providing that you have a valid provisional driving licence and are medically fit to drive, 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). I have a legal duty to report the name and contact details of the driver in the event of any incident to any interested party (e.g. the Police, insurance company, any other affected road user). While I will do my utmost to ensure that your driving is always within the law, the driver is legally responsible for any breaches of the Highway Code and any resultant penalty points/fines.
As we sit very close to each other in a car, we both accept that the risks of spreading/catching any virus (including coronavirus) are higher inside a car. However, we are both committed to mitigating the risk of catching any virus from each other during a mock test (through some of the actions set out in Section 4), accept that the risk can be reduced but not eliminated and relieve each other of any further responsibility/liability.
6. Prices/Payments – The price quoted must be paid for at the time of booking/registration, using bank transfer.
7. Cancelled Session – You MUST cancel your mock test if you are unwell, and especially if you have been suffering from any symptoms of a contagious virus (including symptoms that are consistent with those of coronavirus (Covid-19) or have recently tested positive for Covid test, giving me as much notice as possible, but at least one hour). If you wish to cancel a booking for any other reason, at least 48 hours notice must be given. If I am unwell and not fit enough to provide the mock test, 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 session as soon as I am able to resume work.
8. Refunds of a Pre-Paid Session – If the mock test has been paid for in advance but is cancelled with sufficient notice (see Section 7), the payment will be used for the rescheduled session. In the event that the session is not rebooked a refund will be made to you (by bank transfer) minus a small admin charge (£10).This nominal charge is to partly cover the cost in time that would have been spent preparing for the session and the time spent filling the slot. However the admin charge will not apply if the session is cancelled by me.
9. Use of the Tuition Car for the Practical Test – It is important to note that my driving school car is only made available to learners registered with me who have had at least 15 hours of lessons with me and are actively having regular (at least weekly) lessons with me (this minimum requirement of hours may be reduced at my discretion). Having a mock test does not give any priority in joining a list of learners waiting for regular lessons with me.
10. Trust & Confidentiality – I am committed not to share details of your mock test outcome with others. However, where the mock test is paid for by a third party (e.g. a parent), I will seek your consent to share the outcome with them. Any personal or sensitive information you choose to share with me during the course of your mock test will considered confidential and will remain confidential after your contract has finished.
12. 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 mock test 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.
13. 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: Learner Drivers (Mock Test) – 24.0
Version Control Notes (Last Twelve Months):-
Version 24.0 – January 2024. New Version