Driving Instructor - Fit and Proper Person??

OhDear

Hi All,
I've been in contact with CCCS today and it looks like BR is my only option. I just wondered if there are any driving instructors out there, who have gone BR and been able to remain on the Register of Approved Driving Instructors?
I have been trying to find out if I will be able to continue to teach, and extend my registration, when it becomes due in Sept '10.
To be on the register, one has to be "a fit and proper person"! The Registrar can refuse an application to either a new ADI or to an ADI extension, if he considers you to not be "a fit and proper person".

"Convictions for fraud, dishonesty, misrepresentation of personal finances,
bankruptcy, theft/robbery, etc."

www.dvtani.gov.uk/uploads/publications/general/dva0483.pdf -

I was under the impression that BR was not a conviction!

Has anyone had any dealings with the Registrar over the issue of BR?

Most of the debts were incurred before I became an ADI and I have never mis-handled any clients monies, or had any complaints against my business conduct or professionalism! To date, I have kept up all payments, but i just can't manage the juggling any more. Reality bites!!

Thanks for reading.

Dez-Titute

Hi OD,

As far as the letter of law goes you are still a fit and proper person.

When you first applied to be a DI a criminal check would have been undertaken & this would have been used to ensure you had no previous convictions of any sexual/child abuse.

The only problems I can foresee is credit on the car.

Are you Self Employed or working for a company??

michbright

I'm not an expert on this, but I imagine that as your renewal is only in September 2010 you would be discharged by then if you go BR before September 2009. Therefore I would think that the bankruptcy would not be an issue as you will not be bankrupt at the time of your renewal.

Also, it is worth speaking to the Registrar anonomously to find out what the actual position is with regard to undischarged bankrupts. I am currently studying law and was under the impression that the Solicitors Regulatory Authority would not allow a bankrupt or ex-bankrupt to register as a student solicitor or actual solicitor once qualified. My advisor at university contacted them anonomously for me and he was advised that this is not necessarily the case. The SRA looks at each case on an individual basis and, depending on the circumstances, it would still be possible to train as a solicitor and later practice (not that I want to do that anymore).

Anyway, the gist of my long-winded reply is that it is not always black and white in the area of what is classed as 'good conduct'. It is definitely worth speaking to them to find out the position before you make a decision regarding your BR.

Dez-Titute

Just a thought,

Give one of the DI Colleges a call to ask if you can apply to be a DI if you are BR

Cheers DEz

blind-as-a-bat_2

3. Business Ethics
3.1 Objectives
To protect learner drivers from unscrupulous practices. To ensure that ADI
services are delivered on a timely, competent and well-managed basis and as
contracted.
To guard against the potential for ADIs to defraud or misrepresent themselves
to Inland Revenue, Social Services, Insurance Companies etc.
3.2 Evidence
Convictions for fraud, dishonesty, misrepresentation of personal finances,
bankruptcy, theft/robbery, etc.
Substantiated complaints following formal investigation by the Agency, of
fraud, dishonesty, misrepresentation of personal finances, bankruptcy,
theft/robbery etc.
4. General considerations
 How recently the offence was committed;
 How long has the applicant had a clean record (more than 3 years would
be a good indicator);
 Was the conviction declared by the applicant;
 The seriousness of an offence. For example a conviction for a violent or
sexually violent crime could be regarded much more seriously than for
claiming benefit while employed or breaching the peace. Is there a pattern of one particular type of offence or a pattern of a number
of offences?
 Where an existing ADI is being assessed, the track record of that ADI will
be taken into account.

It is niether a conviction nor an offence and when read in cotext of the example does not belong in that section

The only way i can see it being applied is if a lient was expected to pay for a course of lessons upfront apart from that i dont see why a Br should be penalised in that profesion, it is certainly an insult to be included in the context it is

Sorry no direct knowledge but thats my opinian

OhDear

Thanks for your prompt replies.
I guessed that the anonymous question to DSA would be the most appropriate answer.
I did have a franchise and another part time job before I had to move for family reasons. Now I just work alone and I've been applying for jobs aswell. I did research franchises, but they were all far too expensive and/or included a car!
I already have a car on HP from before the move - The HP agreement states that it will repossess if I go BR, but I guess that OH might be able to make them an offer?

Another question - Does BR show on Enhanced CRB checks?

OD

storminbalder

OhDear wrote: »

Thanks for your prompt replies.
I guessed that the anonymous question to DSA would be the most appropriate answer.
I did have a franchise and another part time job before I had to move for family reasons. Now I just work alone and I've been applying for jobs aswell. I did research franchises, but they were all far too expensive and/or included a car!
I already have a car on HP from before the move - The HP agreement states that it will repossess if I go BR, but I guess that OH might be able to make them an offer?

Another question - Does BR show on Enhanced CRB checks?

OD

No. It is not a crime.