2. Certified instructor authorisation
The different types of instructor authorisation, what it means to be a fit and proper person, Disclosure and Barring Service checks, instructor certificates and monitoring your instructors.
2.1 ATBs may authorise persons to conduct CBT courses on their behalf. They must:
- be aged 21 or over
- hold a current full GB or NI driving licence
- have held full motorcycle entitlement for at least three years. This does not include automatic or category A1 licences
- be able to read, in good daylight, a normal motor vehicle registration mark at a distance of 26.5 metres, with the aid of glasses or contact lenses if worn
- be considered a ‘fit and proper’ person
2.2 All instructors must ensure they keep their contact details, including postal address, email address and phone number up to date. DVSA CBT section should be informed within 7 days if these details change.
2.3 All instructors have a duty to notify the Driver and Vehicle Standards Agency (DVSA), in writing or by email, of any offences (both motoring and non-motoring) within seven days of the date of conviction. The CBT Registrar will then consider whether they are suitable to remain as certified instructors.
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 doesn’t give a definition of this term. It’s 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. It’s not possible to be definitive about what’s 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 you’re 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 you’re 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 you’re 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
Sources of information
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 it’s unlikely you’re ‘fit and proper’
2.17 There are some situations where it’s 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.
2.22 Basic Disclosure and Barring Service (DBS) checks are required for anyone wanting to become a certified motorcycle instructor or motorcycle approved training body authority holder. Motorcycle instructors and authority holders are required to be “fit and proper” people to be authorised.
2.23 The instructor (or their ATB if they choose) is responsible for paying any fee associated with the DBS check. Instructors are responsible for providing their DBS certificate and for subsequently updating it. ATB authority holders may also act on an instructor’s behalf with their agreement.
2.24 New instructors will need to provide a basic DBS check when they first apply to become a motorcycle instructor or ATB authority holder.
2.25 Existing motorcycle instructors will need to provide a new updated DBS check every four years when they renew their registration or apply for their next certificate of registration as an instructor.
2.26 DVSA will contact instructors when their certificate is due for renewal. The instructor will then need to obtain a basic DBS disclosure certificate and send it to DVSA electronically along with their renewal application.
2.27 To be acceptable the DBS disclosure certificate must have been issued in the last three months. Equivalent or higher enhanced DBS certificates issued for other organisations may also be used.
2.28 ATB authority holders may be asked to update their DBS certificate every four years or when there are material changes to the ATB such as a change of ownership or authority holder.
2.29 Instructors applying for the first time or existing instructors applying for an instructor certificate at a different school will need to provide a current valid DBS disclosure certificate with their application. Instructors with more than one instructor certificate can choose to renew them all at the same time, using the same disclosure certificate.
2.30 The CBT Registrar can refuse to authorise an instructor or authority holder, or remove their authorisation if they fail to provide a DBS certificate where required.
2.31 There are three levels of certified instructors.
Down-trained instructor
2.32 Down-trained instructors must only be trained by a DVSA assessed CBT instructor within the ATB. If their application is successful, DVSA will issue a certificate of authority to conduct CBT courses (CBT1) for that ATB.
2.33 Details of acceptable training practice for down-trained instructors can be found in Section 11 of this manual.
DVSA assessed CBT instructor
2.34 Each ATB must have at least one DVSA assessed CBT instructor appointed. There should also be at least one DVSA assessed CBT instructor for every 10 instructors that have been down-trained. Failure to meet this requirement could result in the ATB’s authority being withdrawn.
2.35 DVSA assessed CBT instructor will have passed the two-day instructor assessment held at a DVSA training establishment. If their application is successful, a certificate of authority (CBT1C) will be issued allowing the instructor to deliver CBT courses and to down-train other potential instructors. Details of the DVSA CBT assessment can be found at Become a DVSA assessed CBT motorcycle instructor.
Direct access instructor
2.36 DAS instructors will have passed DVSA’s half-day DAS instructor assessment. Subject to the application being successful, a certificate of authority (CBT1D) will be issued allowing the instructor to deliver CBT courses, down-train other potential CBT instructors and conduct direct access courses for that ATB. Further information about DAS can be found in Section 6 of this manual.
2.37 Applications should be made on the form ’’ Application to be authorised as a certified motorcycle instructor to conduct CBT courses’, also known Form 4. Form 4 can be downloaded at Apply to be a certified motorcycle instructor.
2.38 Applications must be submitted by the ATB on behalf of the instructor, who must fulfil the criteria at section 2.1.
2.39 Instructors who have previously held a qualification from an EU or EEA country may have their qualification recognised by DVSA without having to re-qualify as an instructor. They will be required to pass a full and proper standards check.
Certificates of authority to conduct CBT courses
2.40 Instructors cannot conduct CBT courses on behalf of the ATB until a valid certificate of authority has been issued to them.
2.41 DVSA aims to process applications within ten working days. Delays can occur if application forms are not completed correctly, so ATBs should ensure that they are all completed in accordance with the instructions on the form.
2.42 All instructor certificates of authority are specific to, and the responsibility of, the ATB who submitted the relevant application. The certificate is only valid for use by the named instructor when conducting CBT or DAS courses for the ATB identified on the certificate.
2.43 An instructor must have the certificate of authority on their person at all times when conducting CBT or DAS courses and may be asked to produce it to an authorised body, for example, DVSA staff or police officers. If an instructor ceases to conduct CBT or DAS courses on behalf of an ATB their certificate must be returned to DVSA for cancellation.
2.44 Motorcycle instructor certificates are valid for four years from the date of issue and the expiry date is shown on the front of the certificate. Approximately six months before a certificate is due to expire; DVSA will issue a renewal reminder letter to the ATB. However, it remains the responsibility of the ATB to ensure an instructor holds a valid certificate.
2.45 DVSA assessed CBT instructor and DAS instructors have 12 months from the date of expiry shown on their certificate, or the date of removal from the register (if earlier) to renew them. If they do not, their ATB must submit a fresh application and the instructors must undergo the appropriate assessments again.
2.46 Instructor certificates are accountable documents; if an instructor leaves an ATB without handing in their certificate, the Authority Holder of the ATB must notify DVSA in writing or by email providing the instructor’s last known address.
2.47 DVSA may withdraw an instructor’s certificate of authority, for example if they are in breach of the regulations, the quality of their instruction is found to be unsatisfactory or they cease to meet the “fit and proper” criteria. Depending on the reason why the certificate has been revoked, the revocation may also apply to any other certificates held by that instructor. DVSA will notify ATBs if they withdraw an instructor’s authority.
2.48 ATBs must ensure that each instructor (both DVSA assessed CBT instructor and down-trained) is monitored whilst delivering CBT, DAS or ERS training by a DVSA assessed CBT instructor on at least four occasions per year.
2.49 Appropriate records must be kept by the ATB detailing when the assessment took place, and what aspects of training were observed.
2.50 Both the assessor and the instructor being supervised must be given the opportunity to make written comments and sign the record sheet, which should then be kept for inspection.
2.51 Records must be kept on a rolling basis for the previous 12 months.
2.52 The records of at least four assessments must always be made available for inspection when required by DVSA.
2.53 For ATBs operating with only one DVSA assessed CBT instructor, reciprocal arrangements for monitoring can be made with DVSA assessed CBT instructor at other ATBs.