Advertising, pass rates, pupil photos, emojis, data protection and AI-made posts. The new code sets out clearly what you must and must not do when you promote your business.
In a nutshell
- You must not share pupil information, images or videos without explicit written consent.
- If you advertise a pass rate, you must explain how it was calculated.
- Anything you create with AI for marketing must be accurate and in line with the national standards.
Marketing and social media
You must:
- follow the advertising codes of practice
- make sure your use of social media is lawful, responsible and professional
- make sure any promotional material made with AI is technically correct, accurate and in line with the national standards
- comply with privacy and data protection law
- explain how your pass rate has been calculated if you advertise it
- not share pupil information, images or videos without explicit written consent
- not publish in-car camera footage without consent, and follow DVSA’s rules on filming driving tests
- not send messages, images or emojis to pupils that could be seen as offensive or unprofessional
Data protection
You must follow data protection rules, including how you handle, store and destroy data. You must protect your pupils’ personal information and anything told to you in confidence.
Then and now
| THEN: the voluntary code | NOW: the new mandatory code |
|---|---|
| Advertising clear, fair and not misleading; follow CAP codes. | Must follow the advertising codes. Much the same. |
| Make the basis of pass-rate claims clear. | Must explain how your pass rate was calculated. |
| Do not compromise clients’ personal information. | Must not share pupil information, images or videos without explicit written consent. |
| Do not publish test footage without DVSA and client permission. | Must not publish in-car footage without consent; follow DVSA filming rules. |
| Do not defame colleagues, DVSA or examiners. | Must use social media lawfully, responsibly and professionally. |
| Nothing on messages or emojis. | Must not send messages, images or emojis that could seem offensive or unprofessional. |
| Nothing on AI. | Must check AI-made promotional material is accurate and in line with the national standards. |
Written consent means written
The pass photo is the obvious example. A pupil smiling with their certificate is great marketing, and most pupils are happy to be featured. But a verbal ‘yes, go on then’ in the test centre car park is not explicit written consent. A simple consent form, or even a clear text message saying they agree to their photo and first name being posted, gives you something to point to.
If you are new to the industry
Build consent into your sign-up from the start: a tick box on your terms saying whether the pupil is happy for photos to be used, and a separate confirmation on the day. If you use AI to help write posts, read every line and check it against the national standards before it goes out. AI can sound confident and still be wrong about the Highway Code.
If you have been doing this a while
Look back through your page. Old pass photos posted with nothing more than a nod may need consent now, or may be worth taking down. Check how you describe your pass rate. And think about the tone of your messages to pupils. A quick emoji felt friendly when everyone was doing it; the code now asks whether it could be seen as unprofessional.
What to do now
- Create a simple written consent form for photos and videos.
- Review older social media posts featuring pupils.
- Add a line explaining how any advertised pass rate is worked out.
- Proof-read every AI-made post or handout against the national standards.
This is Part 7 of 9 in The New Code of Practice — Plain and Simple. Read the whole series here.
Sources
Current voluntary code: https://www.gov.uk/government/publications/driving-instructor-code-of-practice/approved-driving-instructor-adi-code-of-practice
New mandatory code (published 23 September 2026, effective date to be confirmed): https://www.gov.uk/government/publications/driving-instructor-code-of-practice/driving-instructor-code-of-practice-effective-date-to-be-confirmed
This article summarises the code in plain English. Always read the code itself, as the wording on GOV.UK is what DVSA will use.
Leave a Reply