Driving instructors; supervision

The Government of Upper Palatinate supervises driving instructors, driving schools and their branches, driving instructor training centres and the providers of instruction seminars, instruction courses and introductory courses for course leaders and further training courses. It may use the services of suitable persons and bodies (experts) for this purpose.

Description

The government of the Upper Palatinate supervises the following persons, companies, institutions, seminars and courses (driving school supervision) for the whole of Bavaria:

  • the driving instructors,
  • the driving schools and their branches
  • the driving instructor training centres
  • the providers of instruction seminars for training driving instructors
  • the organisers of induction courses for the acquisition of the advanced training seminar permit or the traffic education seminar permit,
  • the organisers of induction seminars for course leaders of induction courses,
  • the providers of in-service training courses for driving instructors, holders of a postgraduate seminar permit or traffic pedagogy seminar permit and training driving instructors.

The supervision includes:

  • the assessment of the professional and pedagogical quality of driving instruction, seminars and courses,
  • the examination of compliance with driving instructor regulations (in particular compliance with equipment standards and record-keeping obligations).

The government of the Upper Palatinate therefore checks every two or four years on site in particular whether

  • the training, the advanced seminars, the traffic pedagogical part of the driving aptitude seminars, the instruction courses, the introductory courses and the advanced training courses are carried out properly,
  • the teaching rooms, teaching materials and teaching vehicles are available and comply with the statutory regulations, and
  • the other obligations under this Act and the statutory orders based on it are fulfilled.

The Government of the Upper Palatinate may make use of suitable persons or bodies (experts) to carry out the supervision, who are authorised to

  • to enter properties and business premises of the licensee during normal business hours,
  • to carry out tests and inspections there,
  • to attend lessons, postgraduate seminars, the traffic pedagogical parts of driving aptitude seminars, familiarisation courses, introductory courses and further training courses
  • inspect the prescribed records, make copies and secure them, and
  • to demand all necessary information from natural and legal persons and unincorporated associations of persons.

The person to be supervised shall tolerate the above-mentioned measures, support the Expert during the inspection and, upon request, immediately provide the necessary information or submit documents.

Procedure

The supervision according to § 51 Driving Instructor Act (Driving School Supervision) is usually initiated ex officio by the Government of Upper Palatinate; the expert receives an inspection order for this purpose, which also specifies the type and scope of the inspection. The expert then carries out the inspection on his own responsibility and in consultation with the person to be monitored.

The result of the monitoring (formal report & pedagogical checklists) is communicated to the competent licensing or recognition authority (district administrative authority/government).

If no deficiencies or only minor deficiencies are found in two successive inspections, the examination frequency can be set at four years by the government of the Upper Palatinate (§ 51 Para. 5 FahrlG).

Special notes

Furthermore, the result of the monitoring can lead to consequences for the person being monitored.

In addition to the initiation of administrative offence proceedings, the revocation of the respective permit or official recognition is possible. Furthermore, in the case of pedagogical and professional deficiencies, the following quality assurance measures can be taken

  • Practical counselling (on a didactically and pedagogically appropriate design of driving school training) and
  • content-specific special further training

can be considered.

In this context, follow-up inspections may also be ordered in order to ensure that the quality assurance orders are complied with.

The Government of the Upper Palatinate is responsible for the quality assurance orders, their follow-up control and the prosecution and punishment of infringements; this does not affect the tasks of the licensing, recognition and approval authorities.

Required documents

  • All driving instructor legal documentation shall be available on site during supervision.

Fees

  • Fees (30,70 € to 511,00 € - depending on the administrative effort) and expenses (especially for the expert and the examiner) are charged according to the Gebührenordnung für Maßnahmen im Straßenverkehr (GebOSt).

Links to more information

Status: 20.08.2021

Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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