Transport Manager Public Inquiry

Any CPC Holder acting as a nominated Transport Manager must now appreciate, that if called to a Transport Manager Public Inquiry. Solely to investigate the role they have played as a Transport Manager in connection with any relevant breach of undertaking or non-compliance to the Operator Licensing Regulations & certain actions that a CPC Holder may have taken which may not directly be connected with acting as a Transport Manager i.e. criminal convictions such as drunk driving, tachograph infringements. Or actions or taking part in activities seen as not becoming of a person holding the position of a nominated Transport Manager, or being made bankrupt under certain circumstances.

The Traffic Commissioner (or their Deputy) can & will investigate the role they have played, in connection with any relevant breach of an undertaking or non-compliance to the Operator Licensing Regulations. In both cases, there is potential for the CPC Holder to be disqualified from acting as a nominated Transport Manager, on any future Standard Operator Licences within the UK & even the EU. This power has been used by Traffic Commissioners to take into consideration the “Professional Competence & Good Repute” of a CPC Holder, nominated as Transport Manager. 

Transport Manager Public Inquiry: What to do if you are Called?

Do not panic! Read your call-up letter so you know the reason why you are being called & whether or not the Operators Licence Holder is being called to the same Public Inquiry (or whether it is just a Transport Manager Public Inquiry).

Talk to the Operators Licence Holder, this is important. As even if you are the only one being called, this will still have an effect on the Operators’ Licence Holder. Even if you feel your relationship with the Operator’s Licence Holder is strained you should make the effort to talk, (see the comments, below) as this will be viewed by the Traffic Commissioner. As your having taken a proactive approach remember to document the conversation itself so that all parties understand their position, in relation to the upcoming Public Inquiry.

Should the CPC Holder acting as the nominated Transport Manager consider resigning their position? If the CPC Holder acting as the nominated Transport Manager feels the Standard Operators Licence Holder is being or has been uncooperative & that they may take the blame for problems which they have had nothing to do with. This is a difficult question to answer, but if the Standard Operators Licence Holder continually refuses to Operate their vehicle in a compliant manner. Even after the CPC Holder acting as the nominated Transport Manager has highlighted legal shortcomings, the CPC Holder must seriously consider their resignation as the nominated Transport Manager from the Standard Operator’s Licence. Even if some parties may see you as being a whistleblower.

Frequently asked questions about a Transport Manager & a Public Inquiry

What are the rights of a Transport Manager at Public Inquiry?

What are the Transport Manager’s obligations at Public Inquiry?

How should Transport Managers handle themselves at Public Inquiry?

All the above questions are important and the CPC Holder acting as a Transport Manager needs to have answers, but the most pressing question needed to be considered is whether they require separate representation from that of the Standard Operators Licence Holder. The answers to the above questions can be answered, before appearing at the Public Inquiry. Under the current regulations, a CPC Holder who has or is acting as a nominated Transport Manager & has been called to a Public Inquiry. Needs to think very carefully about safeguarding & protecting his or her own position, therefore using all available tools in doing just that.

Transport Manager Public Inquiry: Having Formal Representation 

The instructing of an experienced transport solicitor or transport consultant will help the CPC Holder called to Public Inquiry as a Transport Manager, in a very difficult and stressful situation. One of the ways in which separate representation can help the Transport Manager is by attending the aforementioned meeting, with the Standard Operator Licence Holder in order to discuss the upcoming Public Inquiry. This is especially true if the professional relationship between them has become strained, it may actually help to repair the relationship. Which in turn may help to restore the compliance of the Operators Licence before the public inquiry is held. Therefore helps to increase the chances of the“Professional Competence & Good Repute”  of both parties being maintained. Also, the formal representation will have a good idea of what areas of the system of work for compliance, that the Traffic Commissioner will be looking at & need to be worked on. So that when attending Public Inquiry they will be viewed as being fit for purpose.

How can Oplas Transport Consultancy Help?

Oplas Transport Consultancy offers a Public Inquiry Service. The service can be used by CPC Holders acting as a nominated Transport Manager/Consultant & by Standard & Restricted Operator Licence Holders that have also been called to Public Inquiry. The service includes Public Inquiry consultation, preparation, & representation.

Therefore, if you are a CPC Holder acting as a Transport Manager or a Standard or Restricted Operators Licence Holder, you can immediately contact Oplas Transport Consultancy about your upcoming attendance at Public Inquiry using the contact details shown or use our Contact Page. In both cases, Oplas Transport Consultancy will get back in touch with you ASAP 

Transport Compliance

Do you need Transport Compliance support?

Transport Managers

Looking to register as an External Transport Manager?

Want to contact us?

This Website and the information shown on it, has been produced as a basic guide, to show the relationship between a CPC Holder, & the Operator Licence Regime. Therefore, it cannot be considered as formal legal advice.