188体育

Your approved driving instructor (ADI) registration can be suspended if the ADI registrar thinks you pose a significant threat to public safety.

The ADI registrar can suspend you if they鈥檙e considering:

• taking you off the ADI register
• removing your trainee driving instructor licence
• refusing to extend your registration or trainee licence

Claiming compensation

You can claim compensation if you鈥檝e been suspended but are not then taken off the register.

Your approved driving instructor (ADI) registration can be suspended if the ADI registrar thinks you pose a significant threat to public safety.

For example, if you:

• have been convicted of a sexual or violent offence
• are giving dangerous instruction that鈥檚 a major risk to the safety of your pupils and other road users

Telling you if you鈥檙e suspended

You鈥檒l get a letter from the ADI registrar to tell you that your registration is suspended.

This will usually be at that same time that the registrar writes to tell you that they鈥檙e considering taking you off the register.

Challenging your suspension

You can use a judicial review to challenge the way in which the ADI registrar made the decision to suspend you.

The review only looks at whether the right procedures have been followed, rather than the decision itself. You can download the judicial review claim form and guidance notes.

You can get compensation if your approved driving instructor (ADI) registration was suspended, but you were not taken off the ADI register.

This includes cases where:

• you win an appeal against the decision to take you off the register
• the registrar considers taking you off the register, but then ends the suspension and lets you stay on the register
• the registrar has not made a decision about taking you off the register within 75 days

What you can claim

You can claim compensation for income and non-income losses as a result of being suspended.

Income losses

鈥業ncome losses鈥� are what you鈥檇 have got from giving driving lessons during the time you were suspended.

Non-income losses

鈥楴on-income losses鈥� are other losses you:

• can give a monetary value to
• incurred (within reason) while you were suspended

Examples of non-income losses include:

• any reasonable costs you needed to pay to prepare your compensation application
• the interest on a loan you had to take out as a result of the suspension
• the value of any damage that the suspension caused to your driving school business if you run one

Download the application form and send it, with evidence to support your claim, to the Driver and Vehicle Standards Agency (DVSA).

When to claim

You must send your claim within 2 years of whichever of these dates is later:

• the date your suspension ended
• the date you were told you鈥檇 won your appeal against the approved driving instructor (ADI) registrar

Who can make the claim

You, as the ADI who was suspended, must sign the declaration with the application form.

You鈥檙e only allowed to sign the declaration on behalf of someone in limited situations, for example where the ADI has died and you鈥檙e allowed to represent them.

Evidence to support your claim

You should send documents that prove the basis of your claim, for example showing why you鈥檝e based your claim for income losses on a certain hourly rate.

You鈥檒l need to consider which documents will help DVSA decide that you鈥檝e sent a valid claim, for example bank statements, payslips or a loan agreement.

You鈥檒l need to work out your income and non-income losses to send your claim.

Work out your income losses

You鈥檒l need to work how much you鈥檇 have reasonably expected to earn during the time you were suspended.

This should be based on your income for a period that you can directly compare with, for example the same period the previous year.

If your claim is for a different amount to what鈥檚 shown in the previous period, you should explain why, for example a major change in how many pupils you taught in the weeks just before you were suspended.

Work out your non-income losses

Your claim will need to make clear:

• how the non-income losses were incurred
• why they are reasonable costs
• how you have worked them out

You can claim for the value of any damage that the suspension caused to your driving school business if you run one.

You can claim for the interest paid on a loan that you took out because your income stopped from being suspended.

Help working out your non-income losses

You can claim for the cost of preparing your compensation application. This can include the cost of getting expert help to work out how much your non-income losses are.

You鈥檒l get a letter from the Driver and Vehicle Standards Agency (DVSA) within 28 days to either:

• tell you you鈥檙e being paid the amount you claimed for or a different amount
• ask for more information to prove your claim
• ask permission to go to a third party to prove your claim
• tell you the claim has not been allowed

When you鈥檒l get your payment

You鈥檒l get the payment within 45 days of DVSA telling you that you鈥檙e going to be paid.

Interim payments

You can get an interim payment:

• if you鈥檙e in special situations, for example significant financial hardship
• for part of the claim if it can be easily and quickly checked

If more information is needed

You must send any extra information DVSA needs within 28 days. This can be extended in special situations.

You must sign a statement to say the information is true to the best of your knowledge when you send it.

Not giving more information

You should tell DVSA in writing if you cannot give the extra information, and the reason why. DVSA will do whatever it can to process the claim if this happens.

The part of the claim that needs the extra information can be rejected.

After you鈥檙e asked for more information

DVSA will write to you within 28 days of either:

• getting the extra information
• the deadline for giving the extra information running out

The letter from DVSA will either:

• tell you you鈥檙e being paid the amount you claimed for or a different amount
• ask for more information to prove your claim
• tell you the claim has not been allowed

Appeal against the decision

You can appeal to the transport tribunal if you disagree with:

• the decision that you cannot get compensation
• the amount of compensation you鈥檙e going to get

Decisions the tribunal can make

The tribunal can:

• refuse your appeal
• allow your appeal
• give its own decision on how much you get
• refer your case back to DVSA to reconsider

The Driver and Vehicle Standards Agency (DVSA) can tell you that that it鈥檚 considering changing how much compensation you got. It can do this for up to 6 years after your original application.

DVSA can do this when:

• it finds new information
• it believes that the information you gave was wrong
• it looks like the original amount you got was given by mistake

If you think the amount was correct

You have 28 days to tell DVSA if you think that the compensation that you were given was correct. This time limit may be extended in special situations.

If the amount changes

You鈥檒l need to repay the difference if the new amount is less than you originally got. DVSA will tell you how to do this.

DVSA will pay you the difference if the new amount is more than you originally got. You鈥檒l get it within 45 days.

If you disagree with the new amount

You can appeal to the transport tribunal if you disagree with DVSA鈥檚 decision on the new amount.

Decisions the tribunal can make

The tribunal can:

• refuse your appeal
• allow your appeal
• give its own decision on how much you get
• refer your case back to DVSA to reconsider