There are several reasons why you can be suspended as a driving instructor (e.g. giving dangerous instruction to pupils, committing a violent offence).
This guide explains how approved driving instructor suspension works and your rights for claiming compensation if your name was not taken off the register.
Posing a significant threat to public safety can result in the ADI registrar suspending your approved driving instructor (ADI) registration.
ADI suspensions usually occur when the ADI registrar is considering:
Note: You must not charge students for giving driving lessons if you get suspended. Some of the rules on your rights for driving instructor suspensions differ in Northern Ireland.
In most cases, the ADI registrar will impose a suspension if they believe you pose a significant threat to public safety. Typical examples include:
The ADI registrar would send you a letter if they suspend your registration. It usually coincides with a notification that they intend to take your name off the register.
Note: Another section explains how to manage your approved driving instructor (ADI) registration (e.g. for a lost or stolen ADI badge).
You can use form N461 to apply for a judicial review of a decision (and give details to a court). In simple terms, it is a method used to challenge the procedures applied by the ADI registrar when they suspended you.
The primary purpose of the review is to look at whether the registrar followed the correct procedures - not the actual decision itself!
Note: Even after a driving instructor suspension your rights allow you to appeal a driving instructor registration decision to remove you from the register.
Compensation might be available if your approved driving instructor (ADI) registration got suspended - but you stayed on the ADI register - such as when:
Note: As a rule, you can claim compensation for income and non-income losses, as well as any related costs for preparing a compensation application.
Earnings that you would have received from giving driving lessons to pupils during the time of your suspension are 'income losses'.
Other losses that you can give a monetary value to, which incurred (within reason) while you got suspended, are 'non-income losses'.
Typical examples of non-income losses include:
There is a special application form to apply for compensation if your ADI registration was suspended. Fill in the form and send it with any relevant evidence to support your claim to the DVSA address.
Approved Driving Instructor Registrar
Driver and Vehicle Standards Agency
The Axis Building
112 Upper Parliament Street
Other than for special circumstances, you will need to send the claim for within two (2) years of the date that (whichever is later):
As a rule, only the suspended ADI can sign the declaration that accompanies the application form. Even so, some exceptions do exist, such as in cases where the ADI is no longer living and someone else is representing them.
Send any documentation that helps to prove the basis of the claim (e.g. how you based a claim for income losses on a specified hourly rate).
Certain documents will help the DVSA determine that you are sending a valid claim, such as bank statements, a loan agreement, and payslips.
This section will help you work out income and non-income losses before sending in a claim for compensation.
The first step is working out how much you would have expected to earn during the time that you received your suspension. It must be a 'reasonable' amount.
Thus, base your income for a period that you can compare with 'directly' (e.g. the same period for the previous year).
Important: Base it on a period that best compares to the time of suspension if you are unable to make a direct comparison with the previous year. You may also need to explain why it differs to a previous period.
The documents you send to support your claim should clarify how you incurred the non-income losses, and:
After ADI registration suspension your rights allow you to get expert help to work out your non-income losses. So, you will be able to claim for the cost of preparing a compensation application.
Note: You need to show evidence that the cost was a reasonable amount (e.g. the fee you paid was not higher than the usual amount).
The Driver and Vehicle Standards Agency (DVSA) will send you a letter within 28 days. It will either:
Important: You must provide any new information relevant to the claim within one (1) of getting it and for a period of up to six (6) years after getting compensation.
Apart from special circumstances, you would have 28 days to send any extra information that the DVSA needs from you. They will also ask you to sign a statement stating that the information you provide is true and to the best of your knowledge.
If you are unable to provide the extra information, you will need to confirm it in writing with the DVSA and state the reason why.
Note: Not being able to provide any relevant information can delay a claim or result in a rejection for that part of the claim.
After asking for further information, you would get a letter from the DVSA within 28 days of receiving the details or the deadline running out.
The response from the DVSA will be to inform you that (either):
You can make an appeal to the transport tribunal within 28 days if you were suspended as an ADI and the DVSA refuses to grant you compensation.
Some of the common decisions the tribunal can make include:
The DVSA can change the amount of compensation you received for a period up to six (6) years after you made the original application. Typical grounds for changing it include:
You would have 28 days to inform the DVSA if you think the compensation you received was correct (it can be extended for special situations).
If the changed amount is less than the original award, you would need to repay the difference. The Driver and Vehicle Standards Agency (DVSA) would explain how to repay it.
Similarly, the DVSA would pay you the difference if the new award is greater than the original amount that you received. You would get the extra payment within 45 days.
You should make an appeal to the transport tribunal within 28 days if you disagree with the DVSA decision for the new amount. In most cases, the tribunal would (either):
Approved Driving Instructor (ADI) Suspension: Your Rights in United Kingdom