2.4 This section sets out how DVSA decides if you meet the minimum criteria to be an approved motorcycle instructor or ATB authority holder.
Being a fit and proper person
2.5 To be a motorcycle instructor or ATB authority holder the law says that you have to be a fit and proper person, but doesnt give a definition of this term. Its interpreted as an assessment of the personal and professional standards, conduct or behaviour that members of the public and other motorcycle instructors might find unacceptable in an instructor or authority holder. Its not possible to be definitive about whats classed as fit and proper.
2.6 There has to be some discretion on this to take into account the circumstances of each case. The CBT Registrar makes an assessment of the risk that youre likely to pose to road safety, the public or to the integrity of the register.
Legal requirements
2.7 In order to legally provide CBT and DAS training you must be a certified motorcycle instructor:
- be aged 21 or over
- be qualified to drive the same category of vehicle in which you wish to give supervision
- to have held this entitlement for at least 3 years
2.8 The full legal requirements are in these acts and regulations:
Personal and professional conduct
2.9 As a motorcycle instructor you are responsible for the safety of your pupils, other road users and yourself. You are also responsible for complying with this ATB manual where it relates to the role of a certified instructor.
2.10 As an ATB authority holder you are responsible for the instructors registered to your ATB and ensuring your ATB complies with the legislation concerning motorcycle training. You are responsible for ensuring your ATB upholds the integrity of the CBT register and complying with the requirements in this ATB manual.
2.11 When you apply to become a motorcycle instructor or authority holder you must meet the required standards of personal conduct and professional competence.
2.12 You are expected to show:
- that youre a fit and proper person
- a high regard for all aspects of road safety
- a high standard of riding and instructional ability
- a professional approach to your customers
- a responsible attitude to your pupils
Personal conduct
2.13 When deciding if youre a fit and proper person, DVSA may check to see if you have:
- any motoring or non-motoring cautions, convictions or fixed penalty notices
- been disqualified from driving
- any court proceedings pending against you
- had any substantiated complaints of inappropriate behaviour or misconduct
- had any substantiated complaints for financially inappropriate or fraudulent activity
- any evidence of behaviour or complaints that indicate you do not meet the fit and proper requirements
2.14 This information comes from a number of sources, including:
- application forms and any information given by the applicant
- DVLA records to find out if you have any motoring offences
- your disclosure and barring service certificate
- complaints and other sources of intelligence
2.15 You must:
- declare any cautions or convictions at the initial application stage
- continue to tell the CBT Registrar of any later convictions throughout your registration
Factors taken into account
2.16 Before reaching a decision on whether you are a fit and proper person the risk that you are likely to pose to pupils is assessed by considering factors like:
- whether the caution, conviction or other information revealed is relevant
- the seriousness of any offence
- the circumstances surrounding an offence and the explanation
- the length of time since the offence occurred and if it is spent under the Rehabilitation of Offenders Act 1974
- whether there is a pattern of offending behaviour
- whether the circumstances have changed since the offending behaviour
- whether you have been removed previously from any DVSA register, including the time that has elapsed since that removal
Each case is considered on an individual basis. The CBT Registrar will write to you giving you the opportunity to explain the circumstances relating to your caution or conviction in writing before a final decision is made.
Situations where its unlikely youre fit and proper
2.17 There are some situations where its unlikely that you will meet the fit and proper criteria, these include both motoring and non-motoring offences.
Non-motoring offences
2.18 This includes convictions or in some cases cautions for assault, drugs, fraud or theft and in particular offences involving theft of tuition fees.
Motoring offences
2.19 This includes when you have been:
- disqualified from driving within the last 4 years
- found guilty of driving under the influence of drink or drugs within the last 4 years
2.20 The CBT registrar is also likely to consider refusing your application or removing you from the register if:
- your DVLA record shows that you have been found guilty of a single motoring offence, or have been issued with a single fixed penalty notice, where 6 or more penalty points have been sustained
- if your licence has 6 or more penalty points within the last 4 years under the totting up rules
Declaration of offences
2.21 Once you have started the qualification process or are on the register, you must notify the CBT Registrar within 7 days of any changes which might affect you being on the register.
These include any caution, fixed penalty or conviction (either motoring or non-motoring), including being bound over.
