The 'four year rule'
This information relates to Unit 1 Question one and is also relevant to later questions about ADIs and disqualification from driving.
Some information (relating to this subject) published in recommended study materials is either incorrect or incomplete. Information found in printed editions of the AD14 (pdfs) is also now out of date.
See the online application process on the .gov website and you will find the 3 year requirement..
Four year rule
With regard to the 'four year rule' …
This can be confusing and most companies are offering incorrect or incomplete information. If you check the process at link https://www.gov.uk/become-a-driving-instructor you will note that the criteria is set at 3 years.
The 3 year criteria would also apply following a driving ban.*
Below we have reproduced the full explanation given when we took this up with the DSA (now DVSA) some time ago when they first introduced the ‘three years criteria’ on their web site.
Direct quotation from the DVSA:
"The information on GOV.UK is actually correct and we do accept people to become ADIs who have held their licence for less than 4 years. This is because of two separate parts of legislation:
- Section 125 (3) of The Road Traffic Act 1988 as amended states that the Registrar must enter someone’s name on the Register if they, amongst other criteria, have held a licence for four of the last six years
- Regulation 17 of The Motor Vehicles (Driving Licences) Regulations 1999 as amended states that someone may accompany a provisional driver if they have held a relevant driving licence for a minimum of 3 years.
In times past, Section 125 (3) was interpreted as being the criteria which the applicants must fulfil to be an ADI, therefore they must have had a licence for 4 of the last 6 years (the “four-year rule”), not been disqualified during the last four years etc. However, several years ago we had legal advice which turned this round as it was explained to us that this Section was instead an instruction to the Registrar – if someone meets all the criteria listed then we MUST accept them onto the Register. If they only fulfil some of the criteria then we MAY accept them but we would have a choice in the matter. However, if, as I said, they tick all the boxes, then we have to accept them.
So that takes us to the Driving Licences Regs. These stipulate that the minimum someone can hold a licence for and accompany a learner is 3 years. As the four-year criteria was only a “must” for the Registrar, he MAY accept someone’s name on the Register who has only held a licence for this length of time. So this is what we do, and have been doing for several years.
When we first received the legal advice it took us some time to get our heads round it, but since then we have explained it to the ADI associations who have queried it and made announcements. We have done our best to rewrite the advice in the ADI 14** (on which the pages on GOV.UK are based) to set this out and keep the industry informed."
*If a person receives a one year ban, especially if drugs, alcohol or dangerous driving are involved, its likely that they will not be eligible for re-qualification on the grounds of not being ‘ a fit and proper person’. In this instance the three/four year rule would be irrelevant.
**This now relates to the .gov web pages about becoming a driving instructor.