It is not only holders of Standard National, or International Operator Licences, who are looking to engage the skills, & services of suitable qualified transport managers, on a sub-contract basis. Restricted Operator Licence holders are now contemplating using such parties to assist them with their, operator’s licence compliance requirements.
Restricted Operator Licence Holders, generally are parties who are allowed only move their own goods, or goods or items related to their work, i.e. scaffolders moving scaffolding whether it is their own, or hired. This is often referred to as “own account” work. Plus, they must not provide, or offer transport services to other parties, & receive payment in any kind for that service. This is known as “Hire and Reward”.
Under the current operator licencing regulations Restricted Operator Licence Holders, have no statutory requirement to nominate a cpc qualified transport manager, on the Restricted Operator Licence applied for, or held. However, Restricted Operator Licence Holders, are still subject to the same sets of regulations, in relation to the operating of vehicles, which require an operator’s licence to be held, as per the Standard Operator Licence holders are.
Therefore, it would only seem prudent for these types of operator licence holders, to engage the services of a qualified professional to advise them. On how to keep complaint to the regulations, surrounding the use of vehicles under the authority of a Restricted Operator’s Licence.
When a CPC qualified transport manager is advising a Restricted Operator Licence Holder on how to maintain compliance. their name will not be nominated against the Restricted Operator Licence, neither will they be regard as an external transport manager. However, they are considered as a consultant, & the regulatory, & enforcement authorities, for some time now are keeping track of any cpc qualified transport managers, doing such consulting work, with Restricted Operator Licence Holders.
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’s Licences, that a cpc qualified transport manager is named on as a consultant; In determining if a CPC qualified transport manager, can become the competent person on other Standard Operator Licences,. Therefore, CPC qualified transport managers should be aware that being a consultant on a Restricted Operator’s Licence does not go unnoticed by the regulatory, & enforcement bodies.
It should be clear to any CPC qualified transport manager acting as a consultant, for a Restricted Operator’s Licence holder. Should not be thinking that because they are not named on the Restricted Operator’s Licence as the competent person, like on a standard national, or international operator’s licence. Or as one of the parties responsible for compliance, to the operator licensing regulations, i.e. the company directors, as per the regulations in the holding a Restricted Operator’s 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 qualified transport manager acting as a consultant for a Restricted Operator’s Licence, & that there has been a failure to maintain compliance to the Operator Licence regime. Then the cpc qualified transport manager 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 qualified transport manager was found to be at fault. In the future, they could find it hard to be able to do transport management work thereafter. When maintaining the compliance for any type of operator’s licence is to part of their remit. Whether as a nominated internal, or external transport manager, or for other restricted operator licence holders, as a consultant.
Also, it is most likely that the cpc qualified transport manager would also be working under a formal agreement, which would normally expect the cpc qualified transport manager, to act to a required professional standard, & work in the other parties (The Restricted Operator’s Licence Holder) best interests. Then they may face having legal action taken against them, by the other party, for breach of contract.
Therefore, any cpc qualified transport manager must still make sure that the work they do in relation to the Restricted Operator Licence. Is carried out, in the same manner, & standard, as if they were the nominated transport manager on a Standard Operator Licence.
This particular section of www.transportmanager.co.uk website, has from Oplas Transport Consultancy experience, attracted most from parties in areas of restricted operator’s licence compliance, as shown below;
1: Those parties looking to engage the skills, & services of a cpc qualified transport manager, to act as transport consultant, on the either their restricted operator’s licence application, or the current restricted operator’s licence held by the business. If this is the case then please use the 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 a cpc qualified transport manager, & have more questions in relation to Restricted Operator’s Licence, & acting as a transport consultant, for such Operator’s Licences. If this is the case then please use the 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.
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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.