Help Please

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

I cant mention any names but I need some advice on this company’s situation.

The transport manager has been made redundant and has therefore left, so no one is on the O licence.

A line manager has taken over the transport managers role and I believe he is currently training for his CPC but does not hold it yet.

The traffic commissioner has been informed but the drivers dont know the outcome.

Can the trucks go out or not?

Any advice would be appreciated.

Thanks

2

I think you have a certain period in which to train up a new transport manager. I would have thought the business can still run as usual but make sure you still operate within the requirements of your operators license.

3

you have 12 months to replace the cpc holder which can be extended to 18 months

4

Thanks guys, its where my dad works and he wants to make sure he’s legal when he takes the truck out.

So i’m right in thinking they have 12 months to replace the transport manager then?

5

Was the TM the “O” licence holder :question: :question: or the cpc holder as they are two different things

If the cpc holder “leaves” then you have 12 mth to replace that can be extended to 18 as has been said

6

Will_161:
Can the trucks go out or not?

Hi Will_161,
Yes mate, based on the info you’ve given, I reckon that the trucks can go out.

Will_161:
The traffic commissioner has been informed but the drivers dont know the outcome.

In the circumstances you’ve described, the trucks can go out unless and until the Traffic Commissioner decides otherwise, because on the info you’ve given, there seems to be no extra conditions attached to the ‘O’ licence at this time.

GVLOA 1995 s.27 and Schedule 3(10)

  1. Where the holder of a standard [operator’s] licence relies on a single transport manager to satisfy the requirement of professional competence and that manager–

(a) dies,
(b) ceases, by reason of physical disability or mental disorder, to be capable of discharging his duties as transport manager,
(c) ceases to work for the business, or
(d) ceases to be of good repute,

the holder of the licence shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period (not
exceeding 18 months) as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for the appointment of a new transport manager."

Of course, the above only applies in cases where a single TM was used to meet the requirement of professional competence.
I’d suggest that the company should note that 18 months is the maximum, BUT the Traffic Commissioner seems from the above to be entitled to specify a shorter period depending on his/her view of a “reasonable” period to replace the outgoing TM.
:bulb: IMHO, Good communication with the TC is vital to the company at this time.

I hope this helps. :smiley: