For all external transport managers

For all external TM’s…does everyone have a contract with their clients? Also, do you trade through your own limited company? If so, I’ve been advised by a TC that will be unable to do this as an external TM as the ‘good repute’ of a transport manager can only be held by a natural person and not a business entity (EU/1071/2009 - article 2, para’s 4&5) However I also understand there are ways of setting out terms in a contract that clearly demark the transport manager from the limited company to keep things above board. Can anyone suggest a way forward without paying thousands to legal eagles?

Personally I operate as a sole trader, and I have contracts with all my clients. The regulations require you to be either employed by the ‘undertaking’ or contracted to it. You are not required to charge for being a TM so there is no reason you cannot bill the operator for consultancy services through the Ltd Co and leave it at that. You cannot limit your liabilities in respect of your TM duties.

My contract which has been accepted by the Traffic Commissioner says:-

This contract between (Name of Operator), hereinafter referred to as “The Client”, and (My Name), supplied by (My Company), hereinafter referred to as “The Consultant”

Smart Mart:
My contract which has been accepted by the Traffic Commissioner says:-

This contract between (Name of Operator), hereinafter referred to as “The Client”, and (My Name), supplied by (My Company), hereinafter referred to as “The Consultant”

Seems fine to me…I’ve submitted something very similar to the TC to see if they approve, failing that, sole trader it is…after I’ve spent a King’s ransom on the company!