New Rules for Transport Managers CPCThe new regulation (1071/2009/EC) more specifically requires that companies intent on carrying out road goods or road passenger transport operations must designate a transport manager who has proven high-quality standards of professional competence, acquired by means of training and examination. This is the person who needs to have a designated responsibility for managing, effectively and continuously, the transport activities of an undertaking

Where rules apply

Specifically, the new regulations state that they shall apply, as now, to road transport undertakings that operate vehicles exceeding 3.5 tons permissible laden mass but exclude operations involving vehicles of a lower weight.

Also, to overcome the practice that has grown over the recent years in the UK transport operators utilising the services of part-time transport managers who, by holding a CPC offer their services to operators who otherwise would not be able to meet the CPC requirements for an O-licence. The new regulations have homed in strongly on the employment aspects of transport managers and have set limitations on the scale of operation for which they will be permitted to be responsible.

The rule allows a qualified transport manager to effectively and continuously manage the activities of up to 4 different undertakings only, having a combined maximum total fleet of 50 vehicles. The designated transport manager must have a genuine link to the undertaking in question by, in each case, being an employee, a director, the owner, shareholder or administrator of the undertaking. In any event, the transport manager must be a natural person, ie the function cannot be fulfilled by a corporate entity such as a limited liability company. This measure is expected to finally put a cap on a situation that has proliferated over many years whereby independent CPC holders have sold the services to many different operators, often taking responsibility for large numbers of vehicles scattered across the country and which they rarely ever see – a scenario the Traffic Commissioners have long frowned upon.

Tighten the rules relating to good repute

The new regulations reiterate the current requirements in regard to good repute for both operators (ie O-licence holders) and transport managers. However, they go further than the present rules in specifying a wider range of convictions and penalties that will damage good repute; for example. for serious infringements of national rules regarding commercial and insolvency law, pay and employment conditions, professional liability, trafficking in human beings or drugs and offences relating to initial and periodic training of professional drivers (ie the Driver CPC) presumably by employing drivers who do not meet the Driver CPC requirements.

To take effect in December 2010.

Story By: Derek Broomfield

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Date : 11-03-2010