Transport Manager Service offered by Oplas Transport Consultancy, is a solution, giving Operator Licence applicants or holders the ability to contact directly people who have obtain a Certificate of Professional Competence, or CPC. Who are willing to provide their skills, & services, as a nominated Transport Manager on a self-employed (Sub-Contract/Outsourcing/Freelance), basis to Operator Licence applicants or holders, as per the current regulations, surrounding the use of external transport management.
Please see below Information on the Transport Manager Service, offered by Oplas Transport Consultancy. Plus, please read some basic, but important information, that all Operator’s Licence holders need to consider before engaging a Transport Manager on an external basis.
Please see below on how the Transport Manager Service process works in relation to finding Transport Managers willing to offer their skills, services in your area.
1: Interested Parties looking for the services of an external Transport Manager will enter, or confirm via a on-line declaration the following information, as shown below. Before Oplas Transport Consultancy, on-line system will check to see if there are, willing parties prepared to offer their skills, & services as a external transport manager.
2: Once the above information has been confirmed, by Oplas Transport Consultancy website. The website will search Oplas Transport Consultancy database of Transport Managers. To find those who match the requirements of the current regulations and guidance, and a contact list will be created containing the contact information of those parties.
Once the contact list is created, the party looking for the services of an external Transport Manager must agree to the terms and conditions, of the use, of the data they are going to receive. Then a fee paid, and the contact list is emailed to the enquiring party. The enquiring party is then free to contact the Transport Managers to see if they are willing to offer their skills, & services.
Please find below details on the contact information, that the list will contain for the Transport Manager(s). In addition, the parties named on the list will as be contact, (email), to inform them that their contact details have been past to a party, looking at the possible use of their, skills, & services as an external Transport Manager. This will include the name, & contact details of the enquiring party
PLEASE NOTE: NO RESIDENTIAL ADDRESS INFORMATION WILL BE PART OF ANY CONTACT LIST, OR EMAIL SENT TO ANY PARTY AS REFERENCE.
PLEASE NOTE THAT THE TRANSPORT MANAGER IS UNDER NO OBLIGATION TO OFFER THEIR SERVICES IF CONTACTED, AND THE ENQUIRING PARTY IS UNDER NO OBLIGATION TO USE THE SKILLS, & SERVICES OF ANY TRANSPORT MANAGER WHOSE CONTACT DETAILS ARE SHOWN ON THE LIST, OR MAY BE CONTACTED
There is only a one-off charge for using the external Transport Manager Service, offered by Oplas Transport Consultancy, that cost, is £225, after which all other payments, & the amounts in relation to the use of the skills, & services of the Transport Manager acting as the nominated transport manager. Are between the Transport Manager, & the Operator Licence Holder. (No middle man). To help those considering using External Transport Management as part of their system of work, for compliance to the Operator Licensing Regime. Oplas Transport Consultancy has shown below the typical costs, as it understands them to be, so any enquiring party, can make a more informed decision, in relation to the possible use of an External Transport Manager.
Normal practice when using External Transport Management, Is that all fees, are paid monthly in advance, there can also be a separate upfront payment, at the start of any agreement between the parties, which can be up to three months, or more of the agreed monthly fee, A minimum contractual term is also not uncommon, but some Transport Managers are happy with flexible term contracts.
Also, fees can be based on primarily on two factors, there are other factors, but these in most cases relate to the individual circumstances surrounding the Transport Manager’s requirements, & those requirements of the operator licence holder. One is the authority of the operator’s licence (The number of vehicles, & trailers which could be used under the authority of the operator’s licence. Two is what is known as the Operator Compliance Risk Scores (OCRS), of the Operator’s Licence Holder. Operator Compliance Risk Score, or OCRS, is a system by which the regulatory, & enforcement bodies, determine which operators are more likely to be non-compliant with the operator licencing regulations.
OCRS places all Operator’s Licence Holders into bands of risk levels, from green for low level risk, amber for medium risk, & red for high risk. The system was created by DVSA to calculate the likelihood of an operator being non-compliant with Operator Licence Regime (legislation), It is not a rating system on how well operator licence holders conduct their commercial activities. If you wish to know more about OCRS then please follow the link to our information page on www.oplas.co.uk
In the case of new Operator Licence applications, then the costs as shown against a Green operator are a good guide to follow, for new applicants, who are considering the use of external transport management.
Operator’s Licence with OCRS Rating Green:
The first vehicle is chargeable at between £350-£450, & each additional vehicle thereafter, £125-150.
Operator’s Licence with OCRS Rating Amber:
The first vehicle is chargeable at £500-£600 and each additional vehicle thereafter, £150-£175.
Before agreeing to be the nominated transport manager, on an Operator Licence with an OCRS rating of Amber. The Transport Manager may ask for a compliance audit, to be carried out, by an independent party, As the Operator Licence is considered by the enforcement, & regulatory bodies as being at risk of being none compliant.
The Transport Manager may wish to know about the problems, & areas with compliance that the Operator Licence has. Before agreeing the use of their name against, any transport manager nomination presented to the Office of the Traffic Commissioner. When the Operator Licence has an OCRS rating of Amber.
If an Audit is required by the Transport Manager, as part of any agreement to become an External Transport Manager. Then those fees for any audit to be carried out, are paid by the Operator Licence Holder.
Operator’s Licence with OCRS Rating Red:
All rates in the case of red rated Operator Licences would be for the Transport Manager to confirm, with the Operator Licence Holder. This is due to the high risk associated with an Operator Licence with a red OCRS, & any party with a formal connection with it, i.e. the nominated Transport Manager.
Those Operator Licence holders, which are rated red. Are considered by the enforcement, & regulatory bodies, as being of high risk of being none compliant. It will most likely be the case, that before a Transport Manager will consider butting their name against an Operator Licence with a red rating that a full compliance audit, will have to be carried out by an independent party. As previously mentioned, the costs of such an audit are paid by the Operator Licence Holder.
Along with an audit, the Transport Manager will most likely wish to have an undertaking (Which will be most likely be part of the required Contract of Services between the Transport Manager, & the Operator Licence Holder), by the Operator Licence Holder. That every effort will be made to keep with the Operator Licence regime, & to follow their advice on all matters relating to compliance to the Operator Licence regulations, if the Transport Manager is willing to become the nominated Transport Manager for the Operator Licence.
The statutory definition of “transport manager” as defined in the Goods Vehicles (Licensing of Operators) Act 1995, & was amended by Regulation (EC) 1071/2009, states that a transport manager must be “a natural person employed by an undertaking (The undertaking meaning Operator Licence Holder), 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 refers to that person having a genuine link to the undertaking, such as being an employee, director, owner or shareholder, or administering it by means of a contract.
Therefore, from reading the above, if an Operator Licence Holder wishes to use the option of having an External Transport Manager, to for fill the statutory requirement of having a nominated transport manager who is suitable qualified for the position, i.e. the holder of a Certificate of Professional Competence, or Transport Manager. Then the need to have a “Genuine Link” or Contract of Services is a must. If any nomination is to be successful.
Oplas Transport Consultancy advice is that when entering into any legal obligation such as a Contract of Services. It is always best to seek the assistance of your own legal advisor. However, Oplas Transport Consultancy has a template, which has been used on a number of occasions, as part of successful external transport manager nominations. You are welcome to contact us, if you would like to use it as a template for your own Contract of Services. Were you, & your legal advisors can adjust it, to suit your requirements.
Please Note: Oplas Transport Consultancy; Accepts no responsibility, for any legal, or regulatory issues arising from the use of contract of services template, supplied by Oplas Transport Consultancy, for external transport management, or any use it may be used for by another party, other than by use by itself.
Please find below examples of the areas a Contract of Services, for external transport management should mention:
Fees, invoicing and expenses
Delivery up documents
Tax liabilities and indemnity
Survival of causes of action
Law and jurisdiction
Important Information When Considering the use of an External Transport Manager
The nominated Transport Manager, & Operator Licence Holder both have a legal responsibility for the Operator’s Licence that either has been named, or nominated on. It is not sufficient that the Transport Manager is a faceless name on an Operator’s Licence; Or that the Operator Licence Holder believes that the Operator’s Licence compliance is the sole responsibility of the Transport Manager in regards to the Operator Licence held.
Therefore, it’s crucial that the nominated External Transport Manager, & the Operator Licence Holder are active & present, & understand they are part of a team making sure that the Operator’s Licence, they are either named, or nominated on. Meets the standards of compliance set out by the enforcement & regulatory bodies & that they understand the responsibility for compliance is a dual and equal one between the Operator Licence Holder & the nominated Transport Manager.
If you have more questions or you have other problems you’d like to discuss with us, please click the links below or use the contact information provided above to get in touch with us.
From our experience, questions usually fall into 2 categories:
1: You’re an operator licence holder (or you’re preparing your application for an Road Transport Operator’s Licence) and are seeking the services of someone who is qualified to serve as nominated External Transport Manager CPC Holder on the Road Transport Operator’s Licence so as to satisfy the statutory requirements in relation to a nominated Transport Manager CPC Holder
2: You are a qualified Transport Manager CPC Holder and you’d like to offer your services to an Road Transport Operator’s Licence Holder(s), as per the current External Transport Manager CPC Holder regulations.
Do you need Transport Compliance support?
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.