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Driving Instruction BRIEFING PAPER Number SN02844, 21 January 2016 By Louise Butcher Driving instruction Inside: 1. Background 2. Requirements to become an ADI 3. Significant changes since 1997 www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary Number SN02844, 21 January 2016 2 Contents Summary 3 1. Background 4 2. Requirements to become an ADI 7 Numbers 8 3. Significant changes since 1997 9 3.1 Hazard Perception Test (HPT) 9 3.2 Road Safety Act 2006 9 3.3 Driving Instruction (Suspension and Exemption Powers) Act 2009 10 3.4 Modernising driver training, 2013-16 11 Contributing Authors: Louise Butcher, Transport Policy Cover page image copyright: David Muir – flickr/Creative Commons 3 Driving instruction Summary This briefing paper summarises the law surrounding Approved Driving Instructors (ADIs), changes affecting them since 1997 and current proposals for further reform. The major changes to driving instruction instituted under the Labour Government were the introduction of the Hazard Perception Test in 2004 and new rules to allow for the suspension of ADIs who are awaiting removal from the Register. This latter change followed a Private Member’s Bill in 2009 on the back of a sexual assault case. The Coalition Government legislated to level the playing field for ADIs with a disability, but other proposed reforms since 2013, such as replacing the current three qualifying tests with a vocational qualification; improving the current tests; and replacing the trainee licence with a requirement for trainee instructors to be accompanied by ADIs when providing paid instruction, have yet to be implemented. Other papers on driver licensing and training can be found on the Roads Topical Page of the Parliament website. Number SN02844, 21 January 2016 4 1. Background Driver training probably started life as a commercial venture in Great Britain in about 1909-10 when a number of driving schools and training organisations opened their doors. 1 One of the first was the British School of Motoring Ltd. (still in existence as BSM). Stanley Roberts, who founded BSM in October 1910, is generally considered to have given the first driving lesson in Great Britain in south London, near Peckham: Offering a “Popular Course of Mechanism and Driving”, Roberts’s first pupil was, tellingly, a former coachman, whom he trained to become a chauffeur. […[ Unlike today, when the Driving Standards Agency (DSA) says the average learner needs 52 hours of tuition before they’re ready to take what has become a demanding driving test, Roberts’s early driving courses lasted just four days, placing special emphasis on “correct procedure, discretion and behaviour”. The cost of a lesson then? About 10 shillings (50p) for an hour…2 The requirement for drivers to pass a test in order to legally drive a vehicle was introduced in 1935 under section 6 of the Road Traffic Act 1934. This precipitated the first serious attempt to co-ordinate the ways in which people learned to drive, though it Both the RAC (Royal Automobile Club) and the MSA (Motor Schools Association) formed their own independent registers of ‘qualified’ driving instructors and schools, at about the same time in June 1935. Each organisation laid down its own version of the basic teaching skills and examinations that were needed to register.3 Driving tests were suspended for the duration of World War 2 and later during the Suez Crisis in 1956. 4 The end of petrol rationing after Suez coincided with cheaper motor cars and instructors “saw the opportunity to buy their own cars and set up in business on their own; instructors who had previously been employed saw the opportunity for a larger slice of the cake to meet the new and ever-increasing demand for driving lessons”.5 The burgeoning industry prompted questions in the House as to whether instructors should be properly licenced. In one such exchange in November 1958 the then Minister, Sir Richard Nugent, said that the driving test “is the final arbiter of a driving instructor's qualification to teach” and that the matter “was very carefully considered by the Road Safety Committee in 1947 when it was decided that it was not necessary to do anything further”.6 Section 23 of the Road Traffic Act 1962 finally made provision for the Secretary of State to compile and maintain “a register of persons 1 Prof. Peter Russell, A Brief History of Driver Education in the UK, February 2002 [published on the DERF website] 2 “100 years of the driving lesson”, Daily Telegraph, 19 August 2010 3 op cit., A Brief History of Driver Education in the UK 4 op cit., A Brief History of Driver Education in the UK (examiners were redeployed as fuel rationing officers) 5 op cit., A Brief History of Driver Education in the UK 6 HC Deb 12 November 1958, c356 5 Driving instruction approved by him as qualified to give instruction in the driving of motor vehicles (in this section referred to as the register of approved instructors)”. This ‘voluntary’ register was criticised during the passage of the Act on the grounds that it would not achieve very much. During the Lords Committee stage Lord Molson argued that it was “one of those compromises between complete laissez faire and rigid control which in some circumstances may be wise, but which in this case, I think, is likely to be completely ineffectual”.7 The Minister, Lord Chesham, said that the provision was necessary as the Government had “tried on several occasions to get the industry to put its own house in order, and to set up its own uniform standards and some kind of control system which would operate right across the whole field of the industry. Unfortunately, we were not able to persuade it to take action of that kind”.8 He agreed that while there was “nothing compulsory in what is proposed”, that “we believe that the public will welcome this move and that learner-drivers will seek out the instructors who have qualified and can draw the learner's attention to the fact”. Further, that the provision would help secure improved road safety on the grounds that at present: … the public have not sufficient means of judging who are the right kind of people from whom to obtain their instruction, particularly if we are going to regard the "right kind of people" as being those instructors who will ensure that a candidate is thoroughly and properly taught what he needs to know … In short, we think this scheme will work.9 The voluntary register of approved driving instructors (ADIs) was set up in 1964. Becoming an ADI required instructors to pass stringent written and practical testing. By 1966 there were calls to make the registration of professional driving instructors compulsory. The then Transport Minister, Barbara Castle, said that discussions with the National Road Safety Advisory Council and others were ongoing and that “in the meantime … I have … decided to enlarge the scope of the register by admitting part-time instructors to it”.10 In 1970 the ADI register was made compulsory. For many years after that, the format of the ADI examination remained the same: The theory examination consisted of five essay type questions followed by thirty multiple response questions. Successful candidates were then invited to apply for a practical driving test. Only when this was passed could instructors apply to take the third part. The theory test had to be changed from its essay style format as Supervising Examiners were not able to devote the necessary time required for marking them.11 7 HL Deb 4 May 1961, c1432 8 ibid., c1442 9 ibid., c1443 10 HC Deb 4 May 1966, cc108-9W 11 op cit., A Brief History of Driver Education in the UK Number SN02844, 21 January 2016 6 The Road Traffic (Driving Instruction) Act 1984, which was largely brought into effect in May 1985, was a response to the significant growth in the sector. In financial year 1982–83 the cost of operating the ADI register was £1.18 million and by 1983 there were almost 7,000 instructors taking the written test and almost 5,000 taking the practical. The pass rates were almost 50% and 43% respectively.12 The Act made provision for more rigorous requirements such as display of instructors’ official identification documents in tuition cars; that all new trainees should be partly qualified before they are allowed to give tuition, must complete their qualifications within six months and would not be allowed to extend their trainee licence for a further six months; and tighter direct personal supervision of trainees.13 By the late 1980s the Conservative Government was considering targeting and extension of check testing; widening the syllabus and introducing a banding system in the written examination; and limiting failures in the practical tests.14 The Road Traffic Act 1988 introduced a new requirement that anyone accompanying a learner driver from October 1990 had to be at least 21 and have held a driving licence for a minimum of 3 years. 12 HC Deb 13 February 1984, cc89-90W 13 HC Deb 1 July 1985, cc8-9 14 HC Deb 11 July 1988, c9 7 Driving instruction 2. Requirements to become an ADI The legislation relating to Approved Driving Instructors (ADIs) is set out in Part V of the Road Traffic Act 1988 and the Motor Cars (Driving Instruction) Regulations 2005 (SI 2005/1902), both as amended.15 ADIs are required to have their names entered on the ADI Register, which is administered by the Registrar, an official of the Driver and Vehicle Standards Agency (DVSA). In order to gain entry to the Register, instructors must pass a series of examinations and be ‘fit and proper’ persons, when first applying this includes passing a criminal records check.
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