I have received a letter from my area Traffic Commissioner, that regarding my new External Transport Manager, requirements for professional competence is not met Inline with section 13a(2)(d) 17and 13a(3)(d)
I am searching this wonderful World Wide Web to see what these sections say.
Does anyone know where i can find this info?
Thanking you for your help.
don’t know where you would find that information, but, you could try calling them to ask what they mean
Here are the regulations, horrendously legalese of course, but as far as I can see from an admittedly very quick scan, he has been disqualified as a transport manager.
Goods Vehicles Legislation: The Goods Vehicles (Licensing of Operators) Act
1995
5. Standard licence holders and applicants for standard licences are required to
meet the requirements of professional competence. Section 13(1) of the Act
requires the applicant to satisfy the traffic commissioner that the requirements
of section 13A and C are met. Section 13A contains a requirement that an
applicant for a standard licence is professionally competent (in accordance with
paragraphs 8 to 13 of Schedule 3).
A designated transport manager must meet the requirements of Article 4 i.e;
be of good repute (in accordance with paragraphs 1 to 5 of Schedule 3);
be professionally competent (in accordance with paragraph 13 of Schedule
3); and,
in the case of an external transport manager, is not prohibited from acting as
a transport manager by a traffic commissioner, and is not designated to act
in that capacity for more than 4 operators or be responsible for more than 50
vehicles or such smaller number as the traffic commissioner considers
appropriate.
Section 22(2)(a) and (b) of the Act make it a condition of the licence for an
operator to inform the traffic commissioner of any change within 28 days that
would affect the fulfilment to be professionally competent and/or of any event
which affects the requirements under section 13A (see section 5) . The traffic
commissioner then has discretion to consider a period of grace up to 6 months
to find a replacement (and a further 3 months in the case of death or incapacity
of the transport manager )
The statutory definition of transport manager in section 58 of the Act now
amended by Regulation (EC) 1071/2009 means a natural person employed by
an undertaking 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.
Under paragraph 15 of Schedule 3 of the Act a traffic commissioner cannot
make an adverse finding against an existing transport manager s repute or
professional competence unless a notice has been properly served2 on that
transport manager:
stating whether repute and/or professional competence is at issue;
setting out the nature of the allegations;
giving the transport manager 28 days from the date of service to make
representations; and
stating that the transport manager is entitled to request an inquiry as
provided in section 35 of the 1995 Act.
A traffic commissioner must consider any representations received under that
section and hold a hearing if requested.
Under paragraph 16(1) of Schedule 3 of the Act as amended by Article 6.2 of
Regulation (EC) 1071/2009, where a traffic commissioner finds that a transport
manager has been convicted of a serious criminal offence or incurred a penalty
for one or more serious infringements that would lead to a loss of good repute,
deemed served on the date on which it would have been delivered in the ordinary course of post to the
transport manager s last known address, notwithstanding that it was returned as undelivered or was for any other
reason not received by the transport manager.
3
2 the traffic commissioner must consider whether a finding that the person was no
longer of good repute and/or professionally competent would constitute a
disproportionate response and that consequently good repute is unaffected.
Any such finding must be duly reasoned and justified and the reasons shall be
recorded in the national register. If the traffic commissioner does not find that
the loss of good repute would be disproportionate the conviction or penalty shall
lead to a loss of good repute.
Article 14.1 of Regulation (EC) 1071/2009 provides that where a transport
manager loses good repute in accordance with Article 6 as set out above that
the traffic commissioner shall declare that transport manager unfit to manage
the transport activities of an undertaking. Article 14.2 provides that unless and
until a rehabilitation measure is taken in accordance with the relevant provisions
of national law the CPC shall no longer be valid in any Member State.
Under paragraph 16(2) of Schedule 3 of the Act as amended by the Road
Transport Regulations 2011, where a traffic commissioner determines that a
transport manager has lost their good repute, the traffic commissioner must
order the person to be disqualified from acting as a transport manager. Whilst
the disqualification is in force the person may not act as a transport manager for
any road transport undertaking and their CPC is not valid. The disqualification
order can either be indefinite or for such period as the commissioner thinks fit.
However under paragraph 17 of Schedule 3 of the Act as amended by the Road
Transport Operator Regulations 2011 where a transport manager is disqualified
the traffic commissioner who made the order may, at any time, cancel the order
or, with the consent of the disqualified person, vary the order, either upon
application by the disqualified person or of the traffic commissioner s own
volition and only after serving notice stating:
the intention to vary the measures specified,
that the person is entitled to make representations within 28 days from the
date of notice, and
that the person is entitled to request a hearing
The traffic commissioner may specify measures with which the disqualified
person must comply before the order can be cancelled or varied.
It seems your man may have some history.
Hmm, he’s fine.
Just bell em & tell them that or both write letters.