Newslink September 2021

News
MSA GB RESPONSE
L-test data capture
can only be fine if
rules are changed to
make it compulsory
Peter Harvey MBE
National Chairman
MSA GB
As soon as I first heard about the DVSA’s
latest plans to link post L-test data to
ADI’s standards checks, I thought ‘Here
we go again.’
Some of you will remember that in
2015, the DVSA suggested a traffic light
system to seek out the poorer ADIs who
continually presented below-standard
pupils. At the time NASP ran a survey
with members on the issue. Question 3
of that survey read: ‘Would you consider
it acceptable that DVSA uses data
derived from driving test performance
(ie, pass and failure rates) as part of the
overall performance and quality
assessment of an ADI?’
70% of those who responded said
‘No.’
As you will imagine, since we heard
about the more recent plans to use test
data via the ADI Enforcement Analysis
Report, I have been inundated with
comments from members. To be fair, the
response has been about a 50/50 split
for and against. However, a number have
expressed concerns about how the
figures have been arrived at, eg, if pupils
are allowed 15 driver errors, how did
DVSA come to the decision that five
would be a trigger to review an ADI’s
performance. How did DVSA come up
with the figure that 0.5% per cent
serious faults would be a trigger? A
candidate can’t have only half a serious
fault. ADIs now need to be achieving a
55 per cent pass rate at test centres, yet
the national average pass rate is lower
than this figure and at some centres,
very much lower. In addition, members
have pointed out that there are a host of
reasons that can account for that, and
ADIs are not the only contributing factor
in test pass rates.
The other most common question I
receive is, can I take my badge/certificate
The proposed L-test
data report that each
ADI will receive. MSA
GB has some issues
with the levels set by
DVSA to trigger
enforcement checks
out of the window before a test? Yes, you
can; there is no regulation that forces
you to leave your certification in the
window. In fact if, in these extremely
busy times, you had another test just
after the one that is out with an
examiner, you would need to have your
certificate with you in the other vehicle.
The other concern around certificates
is, can DVSA identify me by my car
registration? The examiners’ guidance for
driving tests – the DT1 – currently states:
‘If an ADI certificate is displayed in the
windscreen or the ADI identifies
themselves to the examiner and
indicates that they wish the candidate
to be linked to their name, then the ADI
number and serial number from the ADI
certificate should both be entered on
the DL 25. Note: Data Protection Act: If
the ADI certificate is not displayed then
the ADI number must not be entered on
the DL25 and neither the candidate nor
‘‘
Despite a few queries most
instructors would be inclined
to accept some of the changes
but we need a level playing
field in which all have to
display their certificate...
‘‘
accompanying driver should be
questioned about the identity of the
instructor.’
That suggests a change in the
guidance is required first. I feel DVSA
needs to explain its data decisions
regarding the triggers suggested and
consider increasing them to more
realistic values.
Overall, however, despite a few queries
and grumbles, most instructors I have
spoken to, would be more inclined to
accept some of the changes but we need
a level playing field, in which all have to,
by law, display their certificate/licence
when their pupil was on test.
For this to happen, however, the ADI
regulations would first need to be altered,
to allow the Registrar to issue duplicate
certificates, to get around the potential
problem of an ADI having more than one
pupil out on tests at the same time or to
carry out other paid work.
A NASP meeting has been arranged to
discuss these and various other matters
around data protection as there are a
whole host of things that don’t make
sense to instructors. At present we are
not even allowed to sit in the back of the
car during a test, and in most cases, we
don’t receive a copy of the test report
when a pupil passes, so we have no way
of telling how many driver errors are
recorded.
Click here for full details of
DVSA’s L-test data capture
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NEWSLINK n SEPTEMBER 2021