is to the criminal standard - Beyond any reasonable doubt. This is replicated in the Consultation Document, as is the below (without the monetary indications). Would driving schools or Non ADIS who run companies, come under this banner? It doesn't look like it according to Annex "C" of the consultation!! If the Advocate says it has, then the maximum penalty that can be imposed is up to £3,000!!!
There would be processes which would need to be complied with that are similar to the Transport Tribunal by way of setting out the offence; getting a response; putting up a defence and then having a hearing (in writing). There are also time scales that are to be complied with. If there are recurring offences then it is possible that a Variable Monetary Penalty (VMP) could be around £5,000, on top of restitution or compensation, if the business refuses to compensate voluntarily, there is a maximum cap of £10,000, plus 1% of annual turnover!!! It gets worse! If the sums of money exceed £500,000 the OFT will step in and adjudicate. OK, so you say this is not going to happen. You may be right, but this could so easily be used against the likes of the bigger driving schools, who are using sharp practices, such as Bill Plant who has had a recent adjudication made against them, and of course we all know of others who have also had their knuckles wrapped in the past.
Under this scheme, unlike the Transport Tribunal system, if you appeal and lose, the INDIVIDUAL / BUSINESS picks up the costs of that appeal.
Is this what you really intended when you set this monster in motion?
The consultation on MDT which is one way of having all our members REJECT the sanction and the CoP might be one way of stopping this monster in its tracks, but we are not holding our breath, as we are of the opinion that it may have gone too far already; https://www.gov.uk/government/consultations/modernising-driver-training so there needs to be a big rallying call to ALL ADI's to reject this CoP AND the MDT elements that try to control the way ADI's do business, as we still have appropriate procedures in place.
In consideration of the CoP as it relates to the National Driving/Riding Standard™ and the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing; it is going to be so easy for any ADI to fall foul of either of these, as a large proportion of the National Standards is