Transport Manager Compliance
Transport Manager CPC Holder Solutions
The requirement of a Transport Manager CPC Holder in relation to the granting of an Operators’ Licence, when those licenses are of a national or international nature, does in a lot of cases come as a bit of a surprise to many who are applying for an Operators’ Licence for the first time. Many may not have even heard of the term Transport Manager CPC Holder, never mind understanding the role of a Transport Manager CPC Holder has to play, in relation to the use of an Operators’ Licence.
Transport Manager CPC Holder a Simple Definition
A Transport Manager CPC Holder is a person who after examination has been rewarded a Certificate of Professional Competence or more commonly known as a CPC, is required to be nominated on all standard national & international operators’ licences. This requirement is from the main instrument of regulation which is the EU Directive 74/561, which requires operators using Goods Vehicles over 3.5 tonnes gross vehicle weight and are used for the commercial carriage of goods (Hire & Reward), or Passenger Service Vehicles with over 9 seats (including the driver) carrying passengers for a commercial purpose (Hire & Reward) as part of being granted an Operator’s Licence, must have a Professional Competent person (commonly known as the Transport Manager CPC Holder) in the managing of transport operations to have continuous & effective control of the vehicles that are nominated on the Operator Licence that he/she is nominated on.
Transport Manager CPC Holder Role & Responsibilities
The role of the Transport Manager CPC Holder whether as an External or Internal Transport Manager CPC Holder is as per legislation (EC) 1071/2009, makes it a mandatory for all holders of a standard national or international operator licence to have a suitably qualified person of good repute to act as the nominated Transport Manager CPC Holder on their operator licence and that this person must have “continuous and effective control and is required to have a proactive role with the operator” for the management of transport operations within the operator licence holder’s business.
- Ensure, Advised and Instruct the operator to be compliant to operating legislation.
- Ensure & oversee that an effective vehicle defect reporting system is in place.
- Vehicle maintenance planning.
- Ensure all vehicles are operated in a roadworthy condition.
- Ensure & oversee that correct vehicle maintenance procedures (PMI’s and repairs) are in place.
- Monitor External Maintenance Contractors & visit workshops regularly.
- Ensure vehicles are presented for PMI’s on the correct dates.
- Ensure vehicles are booked in & presented for MOT’s on the correct dates.
- Monitor OCRS scores & encounter reports.
- Maintain & Audit maintenance records & ensure they are kept for 15 months.
- Ensure drivers conduct daily walk round checks efficiently.
- Liable for any shortcomings in maintenance & PG9’s PG13’s issued.
- Attend prearranged VOSA inspections at operating centres.
- Oversee vehicle scheduling.
- Responsible for effectively managing drivers.
- Ensure Drivers are schedule in compliance with EEC & Domestic driving rules.
- Ensure driver’s cards & VU’s are downloaded at the required intervals.
- Maintain and keep driving records for a period of 12 months.
- Regularly check driver’s digital & analogue tachographs charts/printouts.
- Provide warnings of any driving infringements to drivers.
- Check driver’s vocational driving licences every 6 months.
- Ensure, Arrange & oversee “Driver CPC Training” program.
- Be approachable & available for drivers.
- Provide training to drivers.
- Driver CRB checks.
- Operator Licence variation applications.
This is a sample of responsibilities (undertakings) as shown on the TM1 Form (please note: the list above is not to be taken as exhaustive and is subject to change at the will of the Traffic Commissioner. You should not act in reliance of it but instead download a current TM1 Form to satisfy yourself of the current requirements.
Transport Manager CPC Holder Internal or External?
To fulfil this requirement, the operator licence holder may employ the Transport Manager CPC Holder either directly (PAYE employee) or indirectly (Self-Employed/Sub-Contract/Outsourcing). If the Operator Licence Holder employees a person directly, then the Transport Manager CPC Holder is considered to be an Internal Transport Manager CPC Holder. It is also possible as stated to outsource this requirement to a self employed Transport Manager CPC Holder, if this is done then the Transport Manager CPC Holder is considered an External Transport Manager CPC holder.
It is important to all those within the transport industry to understand, that the Transport Manager CPC Holder must be a person, & not a non-physical entity, such as a limited company, & have a direct link with the operator licence holder i.e. a contract of employment or contract of services (External Transport Manager CPC Holder).
Many Operator Licence Holders who have small to medium size fleets have taken up the ability to use the services of an External Transport Manager CPC Holder as a cost-effective way, for an Operator Licence Holder to maintain their obligations, in relation to Operator Licensing regime requirements surrounding the nominated Transport Manager CPC Holder. But without a lowering of professional standards required by the enforcement & regulatory bodies.
External Transport Manager CPC Holder 4/50 Regulations
It is important that the External Transport Manager CPC Holder, offering their services & the Operator Licence Holder wishing to use those services, are aware that there are operative conditions that need to be satisfied when the conditions under which the Transport Manager CPC Holder is employed are as those for an External Transport Manager CPC Holder.
Please find below the main operative conditions for the use of an External Transport Manager CPC Holder. These conditions are often called the 4/50 regulations
- The Transport Manager CPC Holder is a resident in the European Community;
- The Transport Manager CPC Holder must be suitably qualified to name, on the operator licence for which he/she is being nominated for.
- The Transport Manager CPC Holder whilst acting as the nominated Transport Manager/CPC Holder shall perform tasks solely for the interests of the Operator Licence Holder/Applicant;
- The Transport Manager CPC Holder shall be the transport manager/CPC holder for a maximum of 4 operators, with a combined maximum total fleet of 50 vehicles, whilst acting as the Transport Manager CPC Holder
- The Transport Manager CPC Holder hours of work are those as per the Traffic Commissioners Guidance or as per the undertakings attach to the Operator’s Licence by Traffic Commissioner.
- The Transport Manager CPC Holder or the Operator Licence Holder must be able to provide a copy of the contract between them upon request.
Please note: The list shown above & below is not to be taken as exhaustive & that other conditions may be added to it. Also even if all conditions shown or not shown have been met, it is at the discretion of The Traffic Commissioner whether or not a person can be nominated as the External Transport Manager CPC Holder on an Operator Licence.
There is also a number of other areas in relation that the Operator Licence Holder & Transport Manager CPC Holder need to be aware of, in the use of an External Transport Manager CPC Holder. Please find some of those guidance points below.
External Transport Manager CPC Holder Travel Time & Distance from Place of Work:
Any Transport Manager CPC Holder are normally required to be within a reasonable distance of the operating centre of any operators’ Licences that he or she is nominated as the Transport Manager CPC Holder. There is no minimum or maximum distance or time stated within the statutory guidance used by the Traffic Commissioner each nomination is considered on the known facts & on its own merits.
A general rule of thumb is that 2 hours is a maximum travel time, but if a Transport Manager CPC Holder is nominated on more than one Operators’ Licence then the Traffic Commissioner may feel that any further requests for nomination on additional Operator Licences may be subject to the distance & travelling time being reduced & smaller than the rule of thumb figure, as stated on this webpage, or one that had been previously accepted by the Traffic Commissioner in relation to the Operator Licences that the Transport Manager CPC Holder is currently or was previously nominated on.
Any External Transport Manger CPC Holder is viewed by the Operator Licensing regime as a part-time employee irrespective of being self-employed. Along with the categorisation is following obligatory guidance on the number of hours per week that the External Transport Manager CPC Holder is required to work in the maintaining of compliance for the operators’ licence that he/she is nominated on. This figure is determined by the number of vehicles that the operator can operate at any given time, also known as the operating authority, and is shown on the operator’s licence document.
External Transport Manager CPC Holder Hours of Work
Please find shown below the current obligatory guidance in relation to External Transport Manager CPC Holder hours of work:
- 2 or fewer vehicles = 8 hours
- 3 to 5 vehicles = 15 hours
- 5 to 10 vehicles = 20 hours
- 11 to 15 vehicles = 25 hours
- Over 15 vehicles = be employed full time as an “Internal Transport Manager”.
External Transport Manager / CPC Holder and Operator Licence Holder – the Relationship
Both the External Transport Manager / CPC Holder and the Operator Licence Holder need to have a good understanding & robust attitude towards maintaining compliance. Non-compliance may result in both the External Transport Manager CPC Holder and the Operator Licence Holder being summoned to appear in front of the Traffic Commissioner at a “Public Inquiry”. Also, an External Transport Manager CPC Holder can also be summoned to “Transport Manager Public Inquiry” if it is viewed by the authorities that they are not fulfilling their obligations to the operator(s). This may result in the Transport Manager CPC Holder’s repute being lost for either prolong or indefinite period until competency has been restored and approved by the “Traffic Commissioner”.
Sourcing an External Transport Manager CPC Holder
Oplas Transport Consultancy has for a number of years developed a database of over of two thousand people, & has a nationwide coverage of willing & qualified people to act as a Transport Manager CPC holder for operator licence holders with an authority of 1 up to 15 vehicles in compliance with regulation (EC) 1071/2009. Every Transport Manager CPC Holder on our database has agreed to offer their services on a self-employed basis.
With the use of its database, Oplas Transport Consultancy will endeavour to find a Transport Manager CPC Holder who is willing to act for operators, as per the regulation (EC) 1071/2009 & willing to be considered as an External Transport Manager CPC Holder. It is the operator licence holder responsibility to agree to the terms & conditions, & make sure that those are in a contract with prospective External Transport Manager CPC Holder. Oplas Transport Consultancy has had a number of years of experience & is happy to advise both parties on what is required for any agreement to be accepted by both the regulatory & enforcement bodies.
Oplas Transport Consultancy database offers a cost-effective way for Operator Licence Holders of sourcing a Transport Manager CPC Holder to maintain their obligations, but without a lowering of professional competent standards, required by the enforcement & regulatory bodies.
The Next Step in Sourcing an External Transport Manager CPC Holder
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 operator licence) and are seeking the services of someone who is qualified to serve as nominated External Transport Manager CPC Holder on the Licence so as to satisfy the statutory regime.
2: You are a qualified Transport Manager CPC Holder and you’d like to offer your services to an operator licence holder(s), as per the current External Transport Manager CPC Holder regulations.
Finally, whether you’re a potential or current External Transport Manager CPC Holder, or a potential or current Operator Licence Holder and you are thinking of using the services of an External Transport Manager CPC Holder, please make sure to read and understand the following:
The Transport Manager CPC Holder & Operator Licence Holder both have a legal responsibility for the Operator’s Licence that either has been named on. It is not sufficient that the Transport Manager CPC Holder is a faceless name on an Operator’s Licence & that the Operator Licence Holder believes that the Operator’s Licence compliance is the sole responsibility of the Transport Manager CPC Holder in regards to the Operator Licence held.
Therefore it’s crucial that the Transport Manager CPC Holder & the Operator Licence Holder are active & present, of the team making sure that the Operator’s Licence held meets the standards of compliance set 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 CPC Holder.
Do you need Transport Compliance support?
Wanting to be an external Transport manager?