One of the primary stipulations made to the transport manager ™ is that he has, “effective and continuous control of the business.” Provisions must be made for the TM’s absence due to holidays and sickness. Its is probably sufficient to have a note signed by both the operator’s licence holder (OLH) or a line in the contract of employment saying that,
In the absence of the TM, his role is to be carried out by the OLH.
But my dictionary defines continuous as
Forming an unbroken whole or sequence without interruptions or exceptions.
So no more blinking, toilets or sleeping. It is said that the law does not concern itself with trivia but this is a charge available to the traffic commissioner in the event of problems. Most of my OLHs are “one man bands” so it is difficult enough to get to speak to them on the phone, let alone effectively control them.
So, apart from petitioning to have the wording of “effective and continuous control” amended, we need to be able to stand up in an inquiry and answer the Traffic Commissioner’s question,
How do you maintain effective and continuous control of this business?
As far as I know, it has not been tested but my reply would be.
If my instructions are not carried out, I have the continuing option to resign, which would effectively terminate the business as without a TM, within the statutory period, it cannot operate.
Unfortunately this then begs the question
Were you un-aware of the non-compliance by the OLH?
But this then leads the TC of the effectiveness of the information procedures which you have in place.
I am not legally qualified so these notes are only my opinion