AADI Q&A for instructors and learners alike Dangers of overtaking Can I tow a vehicle Penalties for smoking in my works vehicle the home of the independent adi ADIs4ADIs

In here we will have issues raised by AADI members who want to find an answer to something that has cropped up in their area or on their patch. Maybe a question that has been asked by a pupil and trying to find a wider more fulfilling answer, lets face it, nobody knows everything. Not even me! 


Maybe you would like to pass a comment, ask a question or share an item of interest that may be of assistance to a fellow ADI or PDI looking for another way to do things.

Always remember that as an ADI you are a member of the largest group of road safety experts, practitioners and educators in the UK, be proud of what you do and who you are. 


Problems with Technical details of the job? 


Send us your questions to: AADI-Q&A and we shall get back to you as soon as we can.



Q. When will I get my SC?

The DVSA say that "You have to take at least one ADI standards check during each 4-year period that you’re registered as an ADI.


A. You have to take a standards check even if you don’t have a car or aren’t working as an ADI."

DVSA 

Given that some colleagues will say it has been a longer period for themselves which could be because of staff shortages, sickness of staff or one of many other reasons. The regulations indicate at least one in each badge period which is four years. If you wait longer then use the time wisely to prepare for whenever it might arrive.

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Q. "Can you tow a vehicle which is not taxed or insured?"

You used the term 'Vehicle' however, you ask about Tax and Insurance so I make the assumption you mean Motor Vehicle, which doesn't lose its categorisation just because it is broken down. Yes you can tow them but IF you are doing it behind your own vehicle the towed vehicle will still need to be road legal as would the steersman, who would need the relevant license to steer it.


Even if the motor vehicle is not registered, it has to be taxed, even if it is re-classed as a vehicle, i.e. you have removed the engine and it has no power to propel it, still needs tax if it is being kept or used on a public road, (i.e. towing it to the scrap yard). Sect. 1 Vehicle Excise and Registration Act 1994. The only time it would not need tax is if you had SORN the vehicle, then it should not even be on the road until it is re-taxed, even if it is ZERO DUTY.


If you keep or use a vehicle on a road without tax it becomes and offence - Section 29 Vehicle Excise and Registration Act 1994. Level 3 fine or 5 X VEL.


Similarly, an MOT certificate would be required for a Motor Vehicle if you use, cause or permit it to be used on a road without said certificate, Sect. 47(1) RTA 1988; HOWEVER, under the exemptions you are allowed to tow it to a place for SCRAPPING.


Insurance: It is an offence to use cause or permit to be used on a road or other public place, a MOTOR VEHICLE without said certificate for use by that person or that other person of that said vehicle...Sect: 143(2) RTA 1988. Towing a motor vehicle is not in the list of exemptions...


If towing was to be undertaken by a rope or chain, there are distances that need to be complied with: The chain or rope shall not exceed 1.5 meters unless chain or rope is clearly visible but in any case shall not exceed 4.5 meters.


Ideally it would be wise to have it lifted by either a spectacle lift or on the back of a low loader.

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Q. Can I overtake on the approach to a crossing whilst within the controlled area?


A. Reg. 24 Zebra, Pelican and Puffin Pedestrian Crossing Regulations 1997 & Regulation 28 Traffic Signs Regulations 2002 refers:

The driver of any Motor Vehicle, whilst it or any part of it is in the controlled area of a crossing and it is proceeding towards the crossing, shall not cause the vehicle or any part of it to:


1. pass ahead of the foremost part of another 'Moving Motor Vehicle' proceeding in the same direction which is the nearest vehicle to the crossing, or

2. pass ahead of the foremost part of a 'stationary vehicle' which is the nearest vehicle 'to the crossing' which has stopped at a red light or to accord precedence to a pedestrian at an amber light or zebra crossing.

N.B. Normally controlled areas (with zig zag LINES) are found on Zebra, Pelican and Puffing crossings and 'stand alone' Toucan and Equestrian crossings and not at traffic light junctions.


Definitions of:

Motor Vehicle: A motor vehicle is a mechanically propelled vehicle intended or adapted for use on roads.


Section 185 Road Traffic Act 1988.

Vehicles 'not' to be classed as Motor Vehicles:


Amongst others; Any other mechanically propelled vehicle controlled by a pedestrian, specified in regulations. (This defines a pedal cycle as a 'vehicle'.)


Section 198(1) Road Traffic Act 1988


Pedal Cycle:

A bicycle, a Tricycle, or a Cycle having four or more wheels, not being in any case a motor vehicle.


Sect. 192(1) Road Traffic Act 1988


Electrically assisted pedal cycle:

A Pedal Cycle with two or more wheels which is fitted with an electric motor of rated output not exceeding 0.25kw - motor cuts out above 15.5 mph.


Not to be classed as a motor vehicle but does fall within the definition of a mechanically propelled vehicle.

Electrically Assisted Pedal Cycles Regulations 1983 & Electrically Assisted Pedal Cycles (Amended) Regulations 2015 - 06/04/2015

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Q. . Are pupils who pass their test first time more likely to be safer drivers?


 A study by LV= car insurance, revealed those who pass their driving test on their first time are more likely to exhibit the “highest level of self-assurance” in their driving ability and describe their driving as “perfect”, potentially leading to “rash” behaviour behind the wheel. 


So, it would seem that maybe the insurers are not completely in agreement with this statement.



Q. Why does my stop/start on a Ford Focus 63 plate not work all the time?


A. When Stop/Start was introduced batteries and starter motors were falling over left right and centre. So batteries were made stronger to cope as were starter motors - as it was a design fault for this (then) new technology. Ford should be sorting this out for you, however there are lots of reports on this very subject if you google something like, "why doesn't my ford focus stop start work all the time? and you will find most of the answers seem to say the root cause is the battery not having sufficient charge, IF you have other ancillary equipment running or the turbo is too hot and they need to protect the bearings, etc.

Honest John answer

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Q.As a Driving Instructor can I smoke in my works vehicle?


A. Short answer is NO, if there is someone who is under 17 years of age in the car. The rules changed on the 1st October in 2015.

This link explains the law.


1. The law applies:

· to any private vehicle that is enclosed wholly or partly by a roof

· when people have the windows or sunroof open, or the air conditioning on

· when someone sits smoking in the open doorway of a vehicle

The law does not apply to:

· e-cigarettes (vaping)

· a driver who is 17 years old if they are on their own in the car

· a convertible car with the roof completely down


There are a number of serious illnesses that are known about when someone inhales second hand smoke.

Within the following link, 'Others' have a responsibility to STOP that person from smoking in a car if someone is under 18 years of age. click here 


2. Rules about smoking in private vehicles:

Private vehicles must now be smoke free if they are enclosed, there is more than one person present and one of them is under 18.


So it is an offence:

· for a person of any age to smoke in a private vehicle that is carrying someone who is under 18

· for a driver (including a provisional driver) not to stop someone smoking in these circumstances. (My underlining and emphasising).


2.1 Penalties:

The fixed penalty notice fine for both offences is £50. Somebody who commits both offences can get 2 fines. Private vehicles must be carrying more than one person to be smoke free, so somebody who is 17 and smoking alone in a private vehicle isn’t committing an offence.

Enforcement officers (usually the police) will use their discretion to decide whether to issue a warning or a fixed penalty notice, or whether to refer an offence to court.


2.2 What classes as an enclosed vehicle:

The legislation covers any private vehicle that is enclosed wholly or partly by a roof. A convertible car, or coupe, with the roof completely down and stowed is not enclosed and so isn’t covered by the legislation. But a vehicle with a sunroof open is still enclosed and so is covered by the legislation.


Can I object to an examiner if they reek of cigarette smoke?

It has been known for a DE to refuse to take a test out if the vehicle in which a pupil is to be tested in to be refused IF the vehicle is reeking of cigarette smoke, however, I could find nothing about a Pupil being able to complain about a DE, albeit, I feel sure that if it were to be entertained it would be on the grounds of 'conduct' and a complaint to 'Customer Service' might be the way ahead, albeit the Law does not cover this specifically.



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Q. Can I have tinted windows on my driving school car?

The rules


Tinted vehicle windows: the law

The rules for tinted front windscreens and front side windows depend on when the vehicle was first used. There are no rules for tinting the rear windscreen or rear passenger windows.

Vehicles first used on 1 April 1985 or later

The front windscreen must let at least 75% of light through and the front side windows must let at least 70% of light through.

Vehicles first used before 1 April 1985

The front windscreen and front side windows must both let at least 70% of light through.

Penalties for having wrongly tinted windows.

It’s illegal to fit or sell glass (or a vehicle already fitted with glass) that breaks the rules on tinted windows.


The police or the Driver and Vehicle Standards Agency (DVSA) vehicle examiners use light measuring equipment to measure window tint.


If your windscreen or front side windows are tinted too much you could get:

1. A ‘prohibition notice’ stopping you using your vehicle on the road until you have the extra tint removed


2. A penalty notice or court summons.

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This question arose as a result of a colleague's pupil getting many faults in Use of Mirrors;


1. Before Signalling (8 faults) and;

2. when changing speed (3 faults).

Given the DT1 is GUIDANCE to Examiners, however; it is quite clear on how a fault of any description is marked, which has nothing to do with discretion or kindness and only Serious or Dangerous has a Consequence attached, which in this instance I believe the consequence is the lack of competence in this area and the potentiality of a danger being encountered, which should have been marked as a serious fault according to the DT1. 


The following are the definitions of what is a fault and if you read them carefully, and in particular that section I have marked "" ...."" it is clear to me that the 8 faults marked in the same box shown should have been a fail for the reasons indicated between the "." This from the DT1: 

1.08. Definition of faults.


 Faults are defined as follows: 

A driving fault is one, which in itself is not potentially dangerous. 

""However, a candidate who habitually commits a driving fault in one aspect of driving throughout the test, demonstrating an inability to deal with certain situations, cannot be regarded as competent to pass the test, as that fault alone must be seen as potentially dangerous."" 

A serious fault is one, which is potentially dangerous.

A dangerous fault is one involving actual danger to the examiner, candidate, the general public or property. (Note: If the fault has been assessed as dangerous then this should be marked regardless of any action taken by the examiner. 

Faults should be marked with an oblique stroke in the appropriate box. https://www.gov.uk/.../01-the-practical-driving-test-and...

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How long will it take for my DBS check to be completed and returned?


From a personal perspective, having just renewed my DBS (September 2019), I can tell you it can be quite quick, as in my case. With that said, I have nothing recorded against me, which does help.

Should you have anything recorded against you (Traffic or Criminal offences), it could take up to three months dependant upon what is recorded. Some might take longer so get onto it as soon as you get your letter or within six months of expiry of your current badge(s).

The process starts with a courtesy letter from the DVSA around Six Months before you are due to start the renewal process. If like me, you have nothing recorded it will take around a week or so.


In your invitation letter you will get two methods of contacting the GB Group:

www.gov.uk/adi-criminal-record-disclosure (This is said to be the quickest).

You should then receive an activation email stating what you need to do and how to do it.

If you do not get one or do not get the courtesy letter from the DVSA then call the GB Group, who make the application on behalf of the DVSA, on 0845 251 5000.


When you get your activation email, it will give you the link to register .

Plus;

An Organisation (Org) Pin.

You will also get an Org name - DVSA - ADI (PO)

And you will also get a Secret Word.

Once registered the system will present you with a blank application form to complete;

1. Complete the application form ensuring you enter your ADI number, also called PRN, in the PRN section within the application.

2. Select the Identity Documents (ID) you wish to use for verification, the "Help" button is available on screen should you require guidance.

3. Use the "Print Details" button to print off the bar code ID verification sheet for the Post Office.

4. Take the ID sheet and your original ID along to a CROWN participating Post Office, to locate your nearest and then from the drop down menu select CRB & ID Verification Service.

5. Pay for the CRB & ID verification service at the Post Office. (Approx. £6.00p)


What happens next?

The post office will update GB Group electronically (usually over night) over the following 24 hours after the successful verification of your details enabling them to GB Group to submit your application to the Disclosure and Barring Service (DBS) for processing. Do not use the "Amend Button" once you have made payment at the post office as this will stop your application being processed and require you to return back to the post office. The DBS will issue your DBS certificate by post to your home address. GB Group will update their records and forward the Disclosure result to the DVSA.

You will have a facility to keep track of your application on line from the GB Group web pages…. If there is nothing recorded against you, you will get a response quite quickly, shortly after which you will get another letter from the DVSA advising you the registrar has received your DBS application and after reviewing your certificate she/he is happy that you meet the criteria for Fit & Proper.

You will also be advised that you should not apply for renewal of your badge(s) until the month they expire, as they are unable to process early applications. They also warn you not to leave it too late as you may not be able to work without a current badge. They also advise they aim to turn your application around in Ten Working Days of receipt. If you think you are going to run out of time then contact the DVSA on the contact numbers provided in your letter. (0300 200 1122 (then dial 25).

Release of your information - YOU have to give DVSA your consent for any information to be released under DPA. There is an explanation of what can be provided (if anything) and information including your ethnic origin on the notes section of the letter they send.

Renewal ADI Licence Fees.


ADI Green Badge - £300.00p.

ADI Fleet Badge - £120.00p.

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Q. What do I need to do to prepare to drive in the EU after Brexit?



A. Brexit - and how to understand what you might need to do if you wish to drive in the EU has been written about by many but the best people to consult are our own Government, as is outlined within the following link.


Driving licence and International Driving Permits (IDP's)

You will need your UK driving licence to drive in an EU or European Economic Area (EEA) country.

You may need one or more international driving permits (IDP's), depending on which country you’re going to or through.

If you have a UK licence you will not need an IDP to drive when visiting Ireland.

Find out which IDPs you may need from this link whilst driving within the EU or the EEA: 


Insurance requirements.

You will need to apply for a Green Card from your own Insurance Company at least one month before you intend to travel for your vehicle caravan/trailer.


Vehicle registration documents:

If you’re taking your vehicle to the EU for less than 12 months, you should carry one of the following documents with you: · your vehicle log book (V5C), if you have one; · a VE103 to show you’re allowed to use your hired or leased vehicle abroad.


What about commercial trailers?

Check here for more information. 


GB stickers and number plates.

You should display a GB sticker on the rear of your vehicle and trailer, even if you currently have a number plate which includes the GB identifier.


What to do if you’re involved in a road accident:

You might need to bring a claim against either the driver or the insurer of the vehicle in the EU or EEA country where the accident happened. This will vary by insurance company. You might have to make your claim in the local language.

You might not get compensation if the accident is caused by an uninsured driver or if the driver cannot be traced. This will vary from country to country. If in doubt get legal advice!


What do I need to know if I drive Buses or Lorry's?

If you are a commercial driver, there is additional guidance by visiting the links below: · lorry and goods vehicle drivers 


· bus and coach drivers



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