Operator’s Licence regulations state that to hold, a standard national or international operator’s licence. A person must be nominated on the operator’s licence, as a transport manager, & that person along with the person, or legal entity being the holder of either the standard national or international operator’s licence. Are responsible for the operator licence, they are named on is compliant to the operator licensing regime. As part of any application for a standard national or international operator’s licence, being successfully granted.
The nominated person must be both suitable qualified, this is often referred to, as being “professional competent” (Be the holder of a Certificate of Professional Competence), along with being acceptable to the regulatory body, (Office of the Traffic Commissioner). Being acceptable meaning, being the nominated person, is a person of “good repute”
A Transport Manager; is simple an induvial who is responsible for managing of transport operations, this may include such management responsibilities, as vehicle/driver utilisation, to confirming vehicle maintenance is carried out, along with ensuring compliance to the operator licensing, & other statutory regulations surrounding the operation, they are responsible for the management of.
The CPC Holder part of transport manager / cpc holder; refers to the fact that an induvial is the holder of a Certificate of Professional Competence in commercial road transport management. Therefore, they are formally recognised by the regulatory, & enforcement bodies, as being professional competent in managing commercial road transport operations.
The Operator Licensing Regulations definition for a nominated transport manager is a follows: A natural person employed by an undertaking,(The Operator’s 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, (meaning of contract as shown below) 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.
A standard national, or international operator’s licence holder may, either employ the transport manager / cpc holder directly, as a PAYE employee, or indirectly (Freelance/Self-Employed). In making sure that they for fill this part of operator licensing regulations.
If the Operator Licence Holder employs the transport manager / cpc holder directly. Then the transport manager cpc holder is consider, by the operator licensing regime as, an Internal Transport Manager. It is also possible as stated above, to outsource this requirement to a self-employed, freelance Transport Manager. In this case the operator licensing regime would consider the transport manager / cpc holder to be an External Transport Manager.
The above can only be considered as a basic summary of the requirements, & regulations, in relation to transport manager / cpc holders, & the Operator Licensing Regime. If you wish a more detail information, in relation to transport manager / cpc holder regulations, & other matters then please click the links as shown below, or use our contact page to contact Oplas Transport Consultancy directly with you question(s)
Finally, those reading the above will have notice, that there is no mention of the requirement for a transport manager / cpc holder to be nominated on a restricted operator’s licence. This is due to the fact that there is no statutory requirement to do so. However, it must be noted by all restricted operator’s licence holders, of the following. That they as either the holder, or are named on; Are solely responsible for the maintaining of compliance of the restricted operator’s licence, that they hold, or named on. To be fully compliant to the operator’s licence regime.
Oplas Transport Consultancy has a developed services which are dedicated to helping restricted operator’s licence holders maintain compliance to the operator licensing regime. If you wish more information on this service, or on matters relating to the Restricted Operator’s Licence, then please contact us.
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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.