GovWire

12.1 In situations where DVSA identify a potential breach of regulations or terms and conditions of authorisation by either a certified motorcycle instructor or an ATB a formal representations process will be initiated. This is the opportunity for the instructor or ATB to provide evidence or mitigation, or to put their case or add their point of view. This is known as submitting representations.

12.2 DVSA will write to the ATB and instructor (if required) to explain the reasons for the CBT Registrars concern and ask for their written representations as to why they should remain on the register. You will be given a period of up to 28 days to submit their representations. This must be done in writing or by email. A shorter period may be applied at the CBT Registrars discretion.

12.3 This is your opportunity to provide evidence in support of your case. ATBs and instructors are encouraged to provide as much detail as possible in their representations, including additional documents or evidence to support explanations in order that a fair and balanced decision can be made. ATBs and instructors may provide additional written information in support of their case providing this is received by DVSA within the representations period.

12.4 During the representations period, DVSA may refuse to accept requests for changes to an ATBs details or status. This includes changes to the registered authority holder(s), applications for site inspections, instructor certification and DVSA CBT assessments. The CBT Registrar may decide not to issue ATBs with DL196 certificates, ATBs may still request changes to their address and contact details.

12.5 After the representations period has elapsed, the CBT Registrar will consider the representations submitted and make his decision. The CBT Registrar can consider a range of options including closure of an ATB, and removal of instructors from the register. Action could also include placing an ATB under special measures. DVSA will write to the ATB and instructor (if required) to notify them of the decision.

12.6 In the event that an ATB is closed or an instructor is removed from the register, this will be effective immediately and no further notice will be given.

12.7 There is no right of appeal written in the regulations, but if an ATB or instructor wants to appeal against the decision of the CBT Registrar to withdraw their authority, they should write to the ADI Registrar who will independently review the case. Any appeal or case review must be submitted within 21 days, you may ask for an extension to this period in extenuating circumstances. Your appeal should set out the grounds for appeal, including any new evidence or information if you feel the CBT Registrar has acted wholly unreasonably or disproportionately.