Restricted Operators Licence Management

It is not only Standard Operator Licence Holders, looking to engage the skills & services of a suitably qualified person i.e. a CPC Holder to act as Transport Manager, on a sub-contract basis. Those parties that hold Restricted Operators Licence are now contemplating using a CPC Holder to assist them with their, Operator Licensing Compliance requirements.

Restricted Operator Licence Holders are generally those businesses that only move their own goods, or goods or items related to their work, i.e. scaffolders moving scaffolding tubing whether it is their own, or hired. This is often referred to as “own account” work. However, they must not provide, or offer transport services to other parties, & receive payment of any kind for that service. If payment, as described, is received then this is known as “Hire and Reward” & a Standard Operators Licence is required to be held, to carry out such work. 

Under the current Operator Licensing Regulations a Restricted Operators Licence Holder, has no statutory requirement to nominate a CPC qualified Transport Manager, on the Restricted Operators Licence applied for, or held. However, Restricted Operator Licence Holders, are still subject to the same regulations, in relation to the operating of vehicles, which require an Operators’ Licence to be held, as per the Standard Operator Licence Holders are.

Therefore, it would only seem prudent for those holding this type of Operator Licence, to engage the services of a qualified professional to advise them i.e. a CPC Holder. On how to keep complaint to the regulations, surrounding the use of vehicles under the authority of a Restricted Operator’s Licence.

Transport Manager or Consultant?

When a CPC Holder is advising a Restricted Operator Licence Holder on how to maintain compliance. their name will not be nominated against the Restricted Operator Licence, as per a Standard Operators Licence, neither will they be regarded as an External Transport Manager. However, they are considered a Transport Consultant, by the regulatory & enforcement bodies. If a Restricted Operators Licence Holder has engaged a Transport Consultant, then they are obligated to inform the Office of the Traffic Commissioner of this & give the CPC Holder details to them. For some time now have been keeping track of any CPC Holders doing such consulting work, with Restricted Operator Licence Holders.

Restricted Operators Licence Management Obligations

This data is now being used with various other pieces of information, such as noting the level of performance, in terms of the level of compliance (OCRS data) of those Restricted Operator Licences, where a CPC Holder is named on a Restricted Operator Licence as a Transport Consultant. If a CPC Holder is also to become the qualified competent person to act as the nominated Transport Manager, on Standard Operator Licence(s). Then such information may be used in determining if their nomination is to be successful. Therefore, a CPC qualified Transport Manager should be aware that being a consultant on a Restricted Operator’s Licence, does not go unnoticed by the regulatory & enforcement bodies.

CPC qualified Transport Managers acting as a consultant, for a Restricted Operator Licence Holders. Should not be thinking that because they are not nominated/named on the Restricted Operator’s Licence as a competent person, like on a Standard Operator’s Licence. Or as one of the parties responsible for the compliance, to the Operator Licensing Regulations, i.e. the company directors, as per the regulations concerning the holding a Restricted Operators Licence. That there are no official actions taken against them for their actions, via the regulatory, or enforcement bodies,

If it is discovered by the regulatory, & enforcement bodies, that a CPC Holder acting as a Transport Consultant on a Restricted Operators’ Licence & that there has been a failure to maintain compliance to Operator Licence Regulations. Then the CPC Holder could be requested by the regulatory & enforcement bodies to justify their actions, this may include being part of either a Preliminary Hearing or even a Public Inquiry.

If the CPC Holder was found to be at fault. In the future, they could find it hard to be able to do Transport Management work. Where the maintaining the compliance with the Operator Licensing Regulations is part of their remit. Such as a nominated Internal, External Transport Manager or for other Restricted Operator Licences, as a Transport Consultant.

Also, it is most likely that the CPC Holder would also be working under a formal agreement, which would normally expect the CPC Holder as a Transport Consultant, to act & work to a required professional standard & work in the Restricted Operator Licence Holder’s best interests. Then they may face having legal action taken against them, by the other party, for breach of contract.

Therefore, any CPC Holder must still make sure that the work they do as a Transport Consultant for a Restricted Operator Licence Holder. Is carried out, in the same manner, & standard, as if they were the nominated Transport Manager on a Standard Operators Licence.

How Can Oplas Transport Consultancy Help

This particular page of the Transport Manager website has from Oplas Transport Consultancy experience, attracted the most interest from parties in areas of Restricted Operator’s Licence Management, as shown below;

1: Those parties looking to engage the skills, & services of a CPC Holder to act as Transport Consultant, on their Restricted Operators’ Licence application or the current Restricted Operator’s Licence held. If this is the case then please use the highlighted link via the button below to contact Oplas Transport Consultancy, will contact you back, as soon as we can, to answer your questions, & discuss your requirements.

2: You are the holder of a valid Certificate of Professional Competence & interested in carrying out External Transport Manager or Consultant work, on a freelance/self-employed or consultant basis. Therefore you are willing to register your contact details on Oplas Trasport Consultancy CPC Holder Database & happy to be contacted by those parties interested in using your skills & services as a CPC Holder. In relation to Operator Licensing Compliance & Management. If this is the case then please use the indicated link to register your details.

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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.