WHY DRIVING INSTRUCTORS (ADI’s) ARE ONLY TEACHING KEY WORKERS WITH EMERGENCY DRIVING TESTS BOOKED

Charles Moffat, 27^th May 2020

We all know that the current crisis involving COVID 19 has presented unprecedented challenges for the Government, the National Health Service (NHS) and almost all businesses and their customers. Driving instructors and their trainee learner drivers are no exception and asking when driving lessons will resume.

The only real measure to reduce the spread of the virus and many thousands of deaths is to prevent its transmission between individuals. Although it can be contracted by touching contaminated surfaces, by far the highest method of transmission is by the inhalation of droplets coughed, sneezed or exhaled by an infected person. That is why the ‘Lockdown’ was imposed.

In an ideal world I am sure that the medical and scientific advice would be for us all to remain indoors at home and have food, medication and other necessities ‘teleported’ in. However, that is not possible, and the economy needs to at least ‘tick over’. Therefore, the Government had to keep Key Workers working, not just in the NHS but also in vital infrastructure such as some manufacturing, distribution, certain shops, finance and communication. I am sure that on occasions some of the people have been encouraged to work and exposed to a higher risk of infection albeit, mitigating actions were taken to reduce this such as the use of Personal Protective Equipment (PPE).

In England, the Government passed legislation restricting people to remain at home except in specific circumstances and directed a list of businesses to close. There are differences in other parts of the United Kingdom.

Businesses

Driving Instructors were not on the list of businesses directed to close, but out of recognition of duties under Health and Safety Legislation to both customers and to the driving instructors, and to common sense industry leaders concluded that in the close confinement of a car, it clearly was not safe to continue with lessons even when mitigating measures were implemented.

That said, the Government recognised that many Key Workers need to drive either to get to or to perform their work. So, the DVSA published their Standard Operating Procedures for their examiners for the key workers when taking test and directed that it also be used for ADIs. This restricted driving examiners and therefore ADI’s to the delivery of test and lessons solely to Key Workers with a booked emergency test. There was an increased risk to those involved, but mitigating measures reduced it as best as possible. Individual driving instructors have to consider their own clinical vulnerability and that of their customers to determine if it is safe for them to undertake such lessons.

All theory tests and routine driving tests were suspended.

The Office of National Statistics (ONS) has published data about the risk to ADI’s of contracting generic disease (not specifically COVID 19). This placed them as high risk in terms of proximity but relatively low in terms of frequency. In other words, it may not be encountered that frequently, but it is highly likely to be infected if it is. Similar occupations such as road transport drivers, including male taxi and cab drivers and chauffeurs, had some of the highest rates of death involving COVID-19. Occupational Risk.

As the Government has gradually announced an easing of restrictions some driving instructors have interpreted them as a ‘green light’ to resume normal lessons. They have chosen to regard there to be

• No restriction because everyone who cannot work from home and not listed to close can resume
• Permission to resume because ADI’s are part of those working in vehicles Government Guidance Vehicles 11th May updated 25th May
•  Permission to resume because ADI’s are part of other retail Government Guidance Shops & Branches 25th May

Truthfully, none of these fit the sector exactly and so greater clarity is needed. Not all ADI’s hold these views and the whichever sector of business we may be in, to resume driving lessons will require a careful risk assessment and the implementation of various mitigating actions to minimise risk to a level considered acceptable to the Health & Safety Executive, customers and the ADI’s. This is where the biggest differences in opinion lie between ADI’s.

In every case the work environment must be assessed to be safe for all concerned. This is the primary requirement.

The driving instructor representatives have sought and considered advice on numerous mitigating actions that could be taken from PPE to screens. The conclusion is that this cannot currently be achieved due to the proximity to and duration of time spent with clients, no matter what PPE or cleaning regime are used.

They have also considered seeking expert legal or scientific advice on the strict position in law and the epidemiological risks, but this is considered to be extremely costly, likely to provide more than one opinion and not prompt.

The organisations representing driving instructors have been lobbying the Government and DVSA strongly for clarity whether any of the Guidance issued on returning to work and the use of mitigating actions to reduce risk applies to our industry sector. Two recent statements by the DVSA outlined their position:

• We advise driving instructors to limit instruction to key workers preparing for an essential driving test. We are keeping this under review and will provide further information as soon as we can.
• Using the latest Government guidance, the Driver and Vehicle Standards Agency (DVSA) is working closely with the Approved Driving Instructors National Association Strategic Partnership (NASP) to develop appropriate plans and control measures. The DVSA will keep the situation under review and provide further information over the next few weeks.

The majority of ADI’s are self-employed businesses and must make their own decisions (in consultation with franchises where applicable), but most agree that they should not resume general lessons at present.

Customers

The Government passed legislation restricting movement and guidance about when it is acceptable for people to leave home.

People identified as being high risk include the clinically extremely vulnerable who have been advised to shield together with the clinically vulnerable (over 70 or with pre-existing conditions) were advised to and should continue to follow existing guidance and remain at home where possible.

Others should still ensure that they stay at home as much as possible and keep two metres apart from anyone outside of the house.

It is permissible to leave home for

• Shopping (extended to include garden centres and no doubt on 1st and 15th June the relevant   businesses newly listed
•  Exercise (including travel and meeting one person in the open air in a public place
• Caring for others
• Medical Needs
• Work and family

(A really full and good explanation of these terms can be found at Leaving Home and Essential Travel).

So, leaving home for a driving lessons (unless a key worker with a test booked) is not permissible. It may be permissible for any learner to practice if supervised privately and on route to one of the purposes deemed to be allowable, but not if the primary purpose is the driving practice.

This remains the case even though recent announcements will no doubt lead to an extension of the permitted reasons to leave home.

A driving lesson is neither essential nor permissible. The decision to breach the legislation or guidance will be a matter for you, but we are aware that the Police have been stopping some ADI’s and learners who they think may be teaching. 

Getting Ready for Lessons. What to Expect

You can rest assured that no one is keener to resume driving lessons for all than your driving instructor. They will be keeping your regular slot available for you and have been keeping their skills up to date. We all hope that there will be news soon of a date to resume and most anticipate that we will be included with other close proximity professions and possibly on 4^th July.

To keep everyone safe your instructor will be undertaking a generic risk assessment about teaching in the car generally and also considering their own and your clinical vulnerability. The list below is some of mitigating actions that instructors may be asked to implement:

Instructors

• Consider whether you or they have had any symptoms of the virus within the last 7 days or have been in contact with someone who has within the last 14 days.

• Before collecting you for a lesson call or text and check if they have had any symptoms of the virus within the last 7 days or if you know anyone or have been in contact with anyone that is showing symptoms or has been doing so within the last 14 days,

● Once they arrive to collect you, they should again assess whether you are well enough to start the lesson.  They will meet by the vehicle, not at your front door.

● Make sure that you have washed your hands or have hand sanitizer ready for you

● Explain that they have also just cleaned their hands with hand sanitizer, or soap and water where possible and that both of you should avoid touching your face and hands

● Explain they will not shake your hand or share visual aids, pens etc. with you and will be minimising contact with you for safety

● Between lessons they will clean down door handles inside and out, windows and mirror controls, seat and head restraints, seatbelt and its connection, gear lever, steering wheel, indicator and wiper stalks, car keys and training resources

● The windows will be down as much as possible during the lesson to allow for ventilation, and you should wrap up warm as it might be cooler in the car

● They may avoid using the air conditioning if possible or if it is used it should not be set it to recirculate

● Wherever possible they may give any briefing notes digitally

● Wherever possible they will be reducing the handling of cash and using electronic payments and receipts

Customers

● Remember that COVID-19 can make anyone seriously ill. But for some people, the risk is higher. There are 2 levels of higher risk as described on the gov.uk website :

• high risk (clinically extremely vulnerable)
• moderate risk (clinically vulnerable)

● Ensure that you know the symptoms of the disease and your risk

●Please be honest with your instructor

● Remember to wash your hands for at least 20 seconds, in line with Government guidance, immediately before leaving the house for your lesson. If you want to wear disposable gloves, to put them on just before getting into the car

● Make sure that you wear clothing that is suitable and covers as much of them as possible, including arms and legs

● You will not get into the car straight away but have a conversation at least 2 metres away and see if you have any noticeable any symptoms.

● They need to be 100% happy with your state and if you are not, they won’t start the lesson and you need to cancel until you have recovered fully.

● Your parents, guardians or friends, will not be able to sit in on the lesson

● You can choose to use your own PPE

● Disposable gloves could be worn by yourself and your instructor. Some people have a latex allergy so please check. You will need to change them after each lesson

● You or your instructor could also use face masks or coverings. The advice on the effectiveness of face masks and coverings varies, but if it makes you feel more comfortable during the lesson then the option is there. Wearing a face covering is optional and is not required by law

● It is essential that the PPE equipment you choose does not impede yours, or the instructor’s ability to control the vehicle or communicate with you. 

● At the test centre your instructor will allow time to wipe down the examiner’s side of the vehicle

● It may not be possible for both of you to enter the test centre waiting room

● Ask your instructor how the examiner will be implementing changes regarding COVID 19

● Your instructor will not be allowed to accompany you on the test

● Your instructor may not be allowed to attend at the end of test debrief

Charles Moffat is a Governing Committee Member of the Association of Driving Instructors National Joint Council.