Driving instructor code of practice: what the new mandatory ADI code means for your business

For years the ADI code of practice was voluntary. You could update your ADI registration to say you followed it, or not bother. On 23 September 2026 DVSA published a new driving instructor code of practice, and this one will not be optional.

The new code states that it "will be introduced sometime between late 2026 and early 2027" and will replace both the ADI register guide and the voluntary code. The document's own title still reads "effective date to be confirmed". As of 28 September 2026 DVSA has not named a start date, so we don't know it yet.

What we do know is what it says. Most of it will not surprise a working ADI. A handful of lines change how you run the business side: your terms, your records, prepaid money, how you advertise a pass rate, and the phone on your dashboard. Each is below with a link to the section it comes from, and there's a checklist at the end.

The code applies to England, Scotland and Wales.

What "mandatory" means in practice

Under the About the code section, you must declare that you have read and agreed to the code when you:

• apply to become an instructor
• renew your registration
• apply for a trainee licence

Section 1 sets out what happens if you don't comply. The ADI Registrar may issue a formal warning, carry out a standards check or investigation, or suspend and remove you from the register.

The wording matters. In a July 2026 DVSA blog post, DVSA defined the terms the code uses: "Must - required. Non-negotiable. Should - strongly recommended. Could - good practice. Your choice." The same post said "All instructors will be expected to read and follow the code of practice from the day it is launched."

So the "must" lines are the non-negotiable ones, and a "should" is strongly recommended rather than optional. The checklist at the end marks which is which.

The timeline so far

The ADI register guide was updated on the same day to say it will be replaced by the new code.

Your terms of business

Section 10 says: "You must make sure your pupil understands your terms of business." Those terms must include:

• your business contact details
• the price and duration of lessons
• your cancellation policy
• your refund policy
• how you will handle their personal data
• how pupils can make a complaint

Then: "You should give these to the pupil in writing before they start lessons."

Read that closely. The content of your terms is a must. Putting them in writing is a should. In practice, if a pupil disputes a late-cancellation charge and you have nothing written down, you will struggle to show they understood your policy. Write it down.

Compared with the old voluntary code, the list has one new item: how you handle personal data. The old list included the price and conditions for using your car on test, which the new list drops.

If your cancellation policy is a line you say out loud on the first lesson, now is the time to fix it. We have covered whether a cancellation fee is enforceable, how to write a refund clause, and the GDPR mistakes ADIs make with pupil data.

Records, progress and prepaid money

The same section has a second list. You must also:

• keep accurate records of lessons completed and hours delivered
• clearly tell pupils their current progress and what further training they need
• "account for and protect all money paid to you, particularly when lessons are paid for in advance"
• provide the instruction you have been paid for
• not accept gifts or hospitality that could compromise your judgement

It also names four things the Registrar can remove you for: giving lessons shorter than agreed, instruction that is not at the expected standard, repeatedly arriving late, and repeatedly cancelling lessons.

The prepaid money line is the one to take seriously if you sell blocks. The code does not say how you must protect the money. It does not, for example, require a separate account. It does say you must account for it, and in practice that means knowing, for each pupil, how much they paid, how many hours they have had and what is left. A pupil who leaves halfway through a 10-hour block should get a straight answer on the balance. Our block booking guide covers how to structure blocks.

Money also shows up in the fit and proper section. Section 3.1 lists fraud, "particularly offences involving illegal driving instruction or how you run your business", and theft, "particularly offences involving the theft of tuition fees".

Advertising a pass rate

Section 13 says you must "explain how your pass rate has been calculated if you advertise it".

The old code said the basis of the calculation "should be made clear". That is now a must.

So a pass rate on your website or Facebook page needs its working next to it. The code doesn't set a format. We would show the period it covers, how many tests it is based on, and whether it counts first attempts only or every attempt. "X passes from Y tests, all attempts, January to June 2026" does the job. A bare percentage does not.

DVSA's own figures help here. You can request your ADI driving test data report, and section 9 says displaying your badge when a pupil takes their test "will help improve the accuracy" of that report.

The rest of section 13 covers what you post. You must:

• follow the advertising codes of practice
• make sure promotional material you develop using AI is "technically correct, accurate and in line with the national standards"
• not share client information, images or videos "without explicit written consent"
• not publish footage from in-car cameras without consent
• not send pupils messages, images or emojis that could be seen as offensive or unprofessional

The pass-day photo on Instagram needs written consent from the pupil. A verbal "yeah go on" at the test centre is not written consent. If you run a dashcam, read our dashcam and ICO guide too.

Phones: hands-free is out

Section 8 says that as the accompanying driver you must:

• always be in control of the vehicle
• not use a mobile phone or hand-held device (including tablets) while instructing
• not receive calls while you are instructing, and this includes using a device in hands-free mode
• park safely and switch the engine off before using a tablet to record a pupil's progress or show them a diagram or video

You "should store your phone in the glove compartment". The code also states: "You can get 6 penalty points if you use a mobile phone or hand-held device while providing instruction in a moving vehicle. DVSA could also remove you from the register."

The hands-free line is the one that changes habits. If you take booking calls through the car speakers between manoeuvres, under the code that stops. Set do not disturb for lesson hours and put your lesson times in your voicemail greeting so callers know when you ring back.

Penalty points and reporting offences

Section 3.1 says you're unlikely to be fit and proper if you have, among other things:

• received "5 or more penalty points on your driving licence from either motoring convictions or fixed penalty notices"
• been disqualified from driving within the last 4 years

The current ADI register guide puts it this way: the Registrar "has refused applications or removed an ADI from the register when they've had 5 or more penalty points within the last 3 years under the 'totting up' rules." The new code's points line does not state a time period.

Put that next to section 8. A single phone offence while instructing is 6 points, which on its own is above the 5-point line.

Section 4 sets a deadline. You must tell DVSA within 7 days if you are:

• the subject of any allegation
• cautioned or convicted of an offence (including motoring offences)
• barred from working with children by the Disclosure and Barring Service

You report to the DVSA criminal records team at crt@dvsa.gov.uk. The code adds: "If you do not report within 7 days, this may also be treated as misconduct." You must also co-operate fully with any DVSA or Registrar investigation.

A separate 7-day rule sits in section 11: you must update your ADI registration within 7 calendar days of any change in your circumstances. That includes your name, permanent home address, business address and email address.

Test bookings

Section 7 repeats the booking rules and adds a sanction:

"You cannot book, change, swap or cancel car driving tests for your pupils. Learners must book their own appointment for car driving tests."

You can set the times you are available to take pupils to tests. But "if you misuse the system to book and manage driving and riding tests for your pupils, you will be reported to the ADI Registrar and could be removed from the register." Our booking rules guide covers what you can still do in the system.

Pupils, complaints and trainees

Three more sections belong on your list.

Section 5 says you must not have inappropriate contact with pupils outside lessons, "including through personal social media accounts", and must not enter into a sexual or romantic relationship with someone you are instructing. If pupils message your personal account, move them to a business number or page.

Section 14 says you must deal with complaints promptly, make sure the pupil knows how to complain about a driving instructor, and "keep a record of any complaints and how they were resolved". If you have no complaints log yet, a dated note per complaint, with what you did about it, is enough to start.

Section 16 covers trainee licences. Trainees must not work independently or suggest they are a qualified ADI. If you sponsor a trainee, you must provide "adequate support, training and pupils".

Compliance checklist

Where Orbit helps, and where it doesn't

Some of the records side can live in Orbit, which is free for instructors. If you set a cancellation notice period, your booking page shows it, the pupil has to tick to agree to it before the booking goes through, and Orbit stores when they agreed. Each lesson is logged against the pupil, and each pupil has a payment balance and transaction history, which gives you a record for the lessons, hours and prepaid money lines. Pupils see their lesson history, balance and syllabus progress in their pupil portal.

It does not write your terms of business. Your refund policy, data wording and complaints process are still yours to put in writing, and the code is the list to write them against.