Part 3 · Topic 04 of 37
The legal stuff
The legislation every driving instructor must work within, from the Equality Act and UK GDPR to road traffic law, health and safety duties, consumer rights and safeguarding.
Key facts
- A learner must be able to read a number plate from a minimum of 20 metres
- Driving instructors require an enhanced DBS check
- The DVSA has the authority to suspend instructors it considers unsafe
Driving instruction is a regulated profession, and a good instructor knows the law that sits behind every lesson. Six areas of legislation matter most.
Equality and diversity
- Equality Act 2010. Treat every learner fairly, regardless of protected characteristics, and make reasonable adjustments for disabled learners. Examples: verbal recordings for a dyslexic learner; arranging hand controls, or recommending a specialist trainer, for a disabled learner.
The Equality Act 2010 is the whole of your disability duty in England, Scotland and Wales. You may still see the Disability Discrimination Act 1995 cited in older instructor training material — it was repealed for Great Britain by the Equality Act 2010 and now extends to Northern Ireland only. If a course handout still lists it as current GB law, the handout is out of date.
Road traffic law and instructor regulation
- Road Traffic Act 1988. Governs safe use of the road.
- You must verify that every pupil holds a valid provisional licence.
- The Motor Vehicles (Driving Licences) Regulations 1999. A learner must be able to read a number plate from a minimum of 20 metres.
- The DVSA has the authority to suspend instructors it considers unsafe.
Data protection and confidentiality
- UK GDPR and the Data Protection Act 2018. Store personal data securely and never share it without consent.
Health and safety
- Health and Safety at Work Act 1974. Keep your vehicle properly maintained and carry out risk assessments. Be prepared to postpone lessons in bad weather.
Consumer rights and business compliance
- Consumer Rights Act 2015. Deliver your service with reasonable care and skill, meet service quality standards, and refund cancelled prepaid lessons.
Criminal records and safeguarding
- Instructors require an enhanced DBS check.
- Protect young and vulnerable learners, and report any safeguarding incidents.
- Serious offences prevent licensing.
Checking a pupil's licence
Before teaching a new pupil, check that their licence is valid. Gov.uk provides two services for this: view a driving licence and check someone's driving information.