Any definition of Transport Manager needs to consider if the transport manager is the nominated Transport Manager on a standard national, or international Operator’s Licence. If this is the case then the transport manager needs to be Certificate of Professional Competence holder (CPC Holder). Therefore, In Practice within the transport industry either the terms Transport Manager, CPC Holder, Transport Manager CPC Holder, or nominated Transport Manager is used, to describe the individual whose role, is to manage & maintain the required level of compliance for the transport activities undertaken under the authority of Operator’s Licence, which he/she is nominated on.
As previously stated, all holders of either national or international standard under the regulations must have a person nominated on the operator’s licence employ either directly (PAYE employee) or indirectly (Sub-Contract/Outsourcing) the requirement of a suitable qualified Transport Manager. If the Operator Licence Holder employs a person directly then the Transport Manager is considered to be an Internal Transport Manager. It is also possible as stated to outsource this requirement to a self-employed, freelance Transport Manager. In this case the Transport Manager is considered an External Transport Manager.
Even if a person is suitable, qualified & holds a Certificate of Professional Competence (CPC) there are a number of regulations in connection with being nominated on the licence as the Transport Manager/CPC holder. These regulations run alongside with other conditions or guidance, which The Traffic Commissioner will consider before granting a person being nominated on Goods Vehicle (LGV / HGV) Operator Licence or Passenger Service Vehicle (PSV) Operator Licence, as the nominated Transport Manager.
When the Operator’s Licence is of a type, or nature know as a Restricted Operator’s Licence, also known as an Own Account Operator’s Licence This is due to there being no statutory requirement to nominate a person, who is a holder of a Certificate of Professional Competence, or CPC Holder, as a Transport Manager, on this type of Operator’s Licence. If you would like to know more about the regulatory relationship between a suitable qualified transport manager, & Restricted Operator’s Licencing. Then please click on the button below showing Restricted Operator Licence Management. To take you to a dedicated page on this website, for more information, on this area of operator licence compliance management.
Transport Manager: Statutory Definition
“A natural person employed by an undertaking or, if that undertaking is a natural person, that person or, where provided for, another natural person designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking.” Article 4.1 of Regulation (EC) 1071/2009 requires this person (i.e. the transport manager) to have a genuine link to the undertaking, (Undertaking in this case meaning an operator’s licence). for example, through being an employee, director, owner or shareholder, or by administering it, via contract of services.
In the case of a Contract of Services this is normally when the nominated transport manager services have been engaged, & they are considered as being a self-employed (Sub-Contract, Freelance, Outsourced). Then the requirement of a genuine, & direct link to the Operator’s Licence, is shown via the use of a formal document, setting out each party understanding, on their responsibilities as they see them, in relation to the operator’s licence, that the transport manager will be nominated on. Such a document could be what is known as a Contract of Services.
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The above Information Has Been Produced, to Help Promote the Services Offered by Oplas Transport Consultancy. There is Reference to Different Parts of Operator’s Licence Regulation. Those References are for Guidance Only. Therefore, Cannot Be Considered as Formal Legal Advice