A designated Transport Manager for a Transport Operator must be of good repute and be professionally competent. If they are an external Transport Manager, they cannot act for more than 4 Operators or be responsible for more than 50 vehicles or such smaller number as a Traffic Commissioner considers appropriate.
It is a condition of an Operator’s Licence that the transport operator inform the Traffic Commissioner of any change within 28 days that would affect the requirement to be professionally competent. This includes if a Transport Manager’s role changes and he/she is taken away from the role.
The role of Transport Manager is an onerous one and it requires the person nominated to “….effectively and continuously manage…..” the transport activities of the business of the Operator.
“Continuous and effective responsibility” means a Traffic Commissioner must assess how much time an individual devotes to the business, and a Transport Manager must always be more than just a Transport Manager in name only.
There is power to revoke or withdraw a Certificate of Professional Competence (CPC) from a Transport Manager, and Traffic Commissioners also have powers to disqualify a Transport Manager or provide for their rehabilitation before acting as a Transport Manager again, so it is important to ensure a Transport Manager gets things right.
If you wish us to assist with Transport Manager terms of appointment, or drafting a contract of employment for a Transport Manager, or advice in relation to a call up to Preliminary Hearing or Public Inquiry which may involve a Transport Manager, please contact us.
Although it is not possible to list all the duties which a Transport Manager might be expected to undertake, the role of the nominated Transport Manager must be taken seriously. The Senior Traffic Commissioner has identified the types of activity which might be expected of a Transport Manager and we can advise upon Traffic Commissioner’s expectations.
If you require advice as a Transport Manager upon your general responsibilities to the Operator, or wish to consider how the role and function might be delivered within the business, contact us for assistance.
We often find when representing an Operator that the Transport Manager has not been exercising his or her responsibilities properly. We can provide guidance upon improvements and can also make representations to the Traffic Commissioner on behalf of the Operator and/or Transport Manager where the Traffic Commissioner may have concerns, perhaps following a roadside check or DVSA investigation.
Transport Managers – Further Advice
For further information regarding the role of Transport Managers and their responsibilities you can visit our dedicated website www.keepmeontheroad.co.uk or contact one of our Road Transport Law Solicitors at Rothera Sharp on 0115 910 6218 or email email@example.com