CPC Holder & Restricted Operator’s Licence
CPC Holder are not just sought by Standard Operator Licences holders, Other operator’s licence holders are now looking to use the skills, & services of a CPC Holder via a third party, or subcontractor. Those operator’s licence holders are those who hold a Restricted Operator’s Licence, & more & more are now planning to use a cpc qualified person, to assist them with their, operator’s licence compliance requirements.
The main reasons more Restricted Operator’s Licence Holders are considering using CPC Holders to help them to maintain the regulations when holding a Restricted Operator’s Licence is in part, to how the regulations surrounding the requirements of holding a Restricted Operator’s Licence are set up.
The nature of a Restricted Operator’s Licence, means that its holder can as a general rule only move their own goods, or items relating to their business, such as a builder hiring equipment, & transporting that equipment to a site, for use on the job being undertaken by the builder. & this is often referred to as “own account” work. They must not provide, or offer transport services to other parties, or transport other parties goods as a paid-for service, or a service in kind. This is known as “Hire and Reward”.
This often means Restricted Operator’s Licence Holders are operating vehicles, which they may have not too much experience in, or the understanding of the regulations surrounding the use of such vehicles. In most cases transport is not even their main business, just a by-product, or requirement, much like buying a house, you could do all the required legal work to purchase the house yourself. But in the real world, all of us get the professionals in to make sure the purchase, & legal are done correctly so there is no come back in the future, & peace of mind. So, it is with using a cpc qualified person to help maintain the legal required compliance in relation to the holding of a Restricted Operator’s Licence
Such parties do not go out to break regulations, or place at risk themselves, or others by use of vehicles under operator licensing regulations, but mistakes do happen, & those mistakes can lead to serious consequences for those considered to have made such mistakes.
The other main reason id the fact, under the current operator licencing regulations Restricted Operator Licence Holders, do not need to nominate a CPC Holder as a qualified transport manager, or even have a transport manager. on the Restricted Operator’s Licence applied for, or held. The responsibility for compliance falls no in must cases the company director’s, & secretary of the business which is considered the holder of the Restricted Operator’s Licence.
This is unlike those holding Standard National, or International Operator’s Licence. Such a person is held responsible along with the Operator Licence Holder for the compliance. As they are considered to be the suitable qualified, to make sure all regulations are followed when the vehicles are being used.
However, Restricted Operator Licence Holders, are still subject to the same sets of regulations as Standard National, or International Operator’s Licence holders are. But in most cases, there is nobody within the Restricted Operator Licence Holders organization with either the skills, knowledge, & experience as would be expected for any other type of operator’s licence.
Therefore, it would only seem sensible for these types of operator licence holders, to have available the services of a qualified professional to advise them. On how to keep complaint to the regulations, surrounding the use of vehicles which require the authority of a Restricted Operator Licence.
When a CPC Holder is giving advice to a Restricted Operator Licence Holder on how to uphold compliance to the operating licencing regime. Their name will not be nominated against the Restricted Operator Licence, neither will they be considered as an external transport manager. They are deemed as being a consultant, & the regulatory, & enforcement authorities, for some time now are making a record of any CPC Holders, doing such consulting work, with Restricted Operator Licence Holders.
These records are now being used with other sources of data collected by the regulatory, & enforcement authorities, in verifying if a CPC Holder is suitable, to be the competent person on a Standard Operator Licence, as well as noting the level of performance, in terms of compliance of those Restricted Operator’s Licences, that a CPC Holder is named on as a consultant. Therefore, CPC Holders should be mindful that being a consultant on a Restricted Operator Licence does not go overlooked by the regulatory, & enforcement bodies.
Therefore, it is clear any CPC Holder involved as a consultant. The need to be careful, & not to think that because they are not named, or nominated on the Restricted Operator Licence as the competent person, like on a standard national, or international operator’s licence. Or as one of the parties responsible for compliance for restricted operator’s licence, for compliance to the operator licensing regulations, i.e. the company directors, as per the regulations in holding a restricted operator’s licence states. That it does not matter if there is a failure in compliance, which could be down to their actions, or failure to act. There is a strong chance that they could face action being taken against them.
If after an investigation by the regulatory, & enforcement bodies, that a CPC Holder acting as a consultant for a Restricted Operator’s Licence, that there has been a failure to maintain compliance to the Operator Licence regime, due to their actions, or failure to act. Then the CPC Holder could end up defending their actions to the regulatory, & enforcement bodies. This could be though the attendance at 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 thereafter. When preserving compliance for any type of operator’s licence is to part of their responsibility. Whether as a nominated internal, or external transport manager, or for other restricted operator licence holders, as a consultant.
Also, as a consultant the CPC Holder would also be working under a formal agreement, which would normally require the CPC Holder, 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 proceedings taken against them, by the other party, for breach of contract.
So, any CPC Holder should make sure that the work they do, for any Restricted Operator Licence Holder. Is done in the same professional manner, & to those standards, as required by them, if they were the nominated competent person on a Standard Operator’s Licence.
This particular section of www.cpcholder.com 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 Holder qualified, 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. Click here.
2: You are a cpc qualified person, & 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. Click here.
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.