If you had three points on your driving licence when you first applied to become a driving instructor, you would know about the DVSA contacting you and saying how they expect impeccable driving behaviour from you. They expect this whilst you have three points on your licence, as further points can seriously jeopardise your chances of joining or remaining on the register.
If you applied to the DVSA whilst having six points on your licence, you would have received a letter asking for further information about the incident and why the registrar is considering not allowing you to join the register. This is very serious, and if you don’t reply correctly or provide sufficient evidence in your favour, your chances of joining the register will be very close to zero.
This article will explore various common questions and what you can do to remain on the register.
What is the tolerance for points on your driving licence with the DVSA?
Three points on your licence are usually accepted, with six points typically being the cut-off. Anyone with six points can still apply to be on the register, but you will need help and knowledge on how the DVSA decide if you can join or remain on the register. You get one attempt with the DVSA to explain yourself, and if you waste that attempt, it’s game over unless you appeal the decision and go to a tribunal. In the tribunal, you will be against the DVSA, with a judge hearing both sides of the argument. After hearing out both the claimant and the defendant, the judge will decide either in your favour or the DVSA’s.
If it gets to this stage, the DVSA usually wins unless you seek expert help and advice.
How to win against the DVSA if you have 6 points or more?
If you are a driveJohnson’s instructor and have been with the company for more than a year, we will provide free help and advice for you. You are not guaranteed to win, but your chances will be significantly higher.
In some cases, if the offence is so bad, we will advise you that we can’t help. However, if it’s between 6-9 points, we will try and help you.
Should you report new points on your driving licence to the DVSA?
Yes, you should 100% report any new points to the DVSA! Be sure to tell the DVSA as soon as possible. The DVSA has access to the DVLA database, so the DVLA will either notify them or it will show to the DVSA when you next apply for your ADI badge.
If you don’t report it to the DVSA, this will go against you, especially if you are on six or more points.
Once you have been issued the penalty points endorsement, you have seven days to notify the DVSA.
Does it help if you have been an instructor for several years and never received penalty points?
If you have six points or more on your licence, then the DVSA are more interested in what happened and why?
Being on the DVSA register for 20 years would be counted more favourably to the judge, should it get to the tribunal stage than the DVSA.
The DVSA are keen to make an example of driving instructors, as it sends a message to the industry that poor conduct and standards are unacceptable. The DVSA will look at your appeal on the following basis; If it goes in front of a judge – would they win? If the answer is yes, in their opinion, you are highly likely to be removed; this is why your first written appeal to the DVSA is essential.
Once you have written that appeal to the DVSA, you can’t change your reasons later in front of the judge, so your first response to the DVSA should be taken very seriously.
What type of driving offences will land you with six points on your driving licence?
There are numerous reasons you can receive six points on your licence, but the most common ones for driving instructors are:
- Driving with a mobile device in your hand
- Two incidents of speeding on different dates
- Driving without insurance
For a complete list of penalty points endorsements, visit: Penalty points endorsement list.
New AI 4D Cameras
New AI Cameras are being released across the UK to detect speeding, driving with a mobile phone in your hand and more driving offences.
Please watch the videos below so you are aware of what these cameras can look for when you drive past them.
Many instructors are unaware of the consequences of being caught driving whilst holding a mobile device. It might seem strange to turn your phone off in lessons or challenging to reply to voicemails/texts in between lessons, but if you want to keep your livelihood, please don’t use your phone whilst driving. You will receive six points if you are caught; this is enough for the DVSA registrar to remove you.
Examples of instructors getting caught in unusual ways
We have helped two instructors in 2023 alone who have been caught using a mobile device whilst driving. One instructor was filmed whilst driving in between a driving lesson in London to make you aware of how randomly you can get caught.
The person was filming from their home in a block of flats relatively high up, with the evidence being sent to the police.
Another instructor was caught in very slow-moving traffic by a policeman on a bike using his bodycam.
Both instructors were issued six points on their driving licences, and the DVSA wrote to them saying they were being removed from the register. Both cases are ongoing at the time of writing this article, and they will have to go to court to defend themselves against the DVSA.
The court date’s waiting time can be between 6-18 months, so it’s a long time to wait, not knowing if your livelihood is safe. This will cause most instructors stress and anxiety, which you can avoid by not using your phone while driving.
Here to help driveJohnson’s instructors
As a loyal driveJohnson’s instructor, we hope you know we are here to help you with problems and services not typically included in a driving school franchise with other companies across the UK.
You are not just a number with driveJohnson’s. Our Company Director, Anthony Johnson, has helped countless instructors with their standards checks, tax-related problems, and car issues, along with assisting instructors who are in a pickle with the DVSA for their conduct or penalty points.
Everyone can make mistakes, and no one is perfect, so if you need help, please get in touch, and we will do our very best to help you.
“I take great pleasure in helping our instructors with their problems. In many instances, it’s extremely time-consuming, and it would be very costly to instruct a solicitor to represent an instructor against the DVSA.
“I certainly don’t want to boast, but in most cases where I help an
instructor with the DVSA, we are successful. I’ve seen some incidents where the instructor is being removed from the register because they haven’t told me sooner. I’ve picked the case up when it’s going to a tribunal, and we’ve won. I certainly don’t want instructors to read this and think they can commit these offences, and I’ll get them off as one day we will unfortunately lose.“However, if you come to me at the beginning (before responding to the DVSA yourself), your chances of staying on the register will be much higher.”
Anthony Johnson – Company Director of driveJohnson’s
