A CPC Holder today may not just be sought after by holders of Standard Operator Licence, who are now looking to use the skills & services as a Certificate of Professional Competence Holder, on a freelance basis. Restricted Operator’s Licence Holders are now exploring the possibilities, of using a CPC Holder to help them with their Operators Licence compliance needs.
As a general rule of thumb for Restricted Operator Licences, is that they are for those parties who only move their own goods also known as “own account work”. Plus, part of the conditions of being a holder of a Restricted Operator’s Licence, is that they cannot offer transport services to other parties, or carry goods were a payment, or receipt of services, for such carriage is received. This is known within the transport industry, & regulations as “Hire and Reward”.
Under the current Operator Licensing Regulations, Restricted Operator Licence Holders, have no statutory requirement to designate a CPC Holder as the nominated Transport Manager, on the Restricted Operator’s Licence applied for, or held.
But the Operator Licensing Regulations state that a Restricted Operator Licence Holder, must in terms of the regulations for the operation of vehicles, under the authority of a Restricted Operators’ Licence. Are the same as for them, as those Standard Operator Licence Holders must operate within.
Therefore, it would only seem reasonable for Restricted Operator Licence Holders, to retain the services of a qualified professional to advise them, i.e. a Certificate of Professional Competence Holder. On how to keep within the Operator Licensing Regulations, surrounding the use of vehicles under the authority of a Restricted Operator Licence they hold.
When a CPC Holder is working with a Restricted Operator’s Licence Holder, (Acting like a nominated Transport Manager, when on a Standard Operators Licence) on how to maintain compliance. Their name will not be formal listed against the Restricted Operator Licence, as per a Standard Operators Licence.
Neither would they be considered as an External Transport Manager. However, they are judged as being a Transport Consultant. The authorities for some time now, have been making a record of any CPC Holder, doing such consulting work, with Restricted Operator’s Licence Holders.
The Office of the Traffic Commissioner keep these records, in relation to CPC Holders working with Restricted Operators Licence Holders, along with other information. Which are used when determining if a CPC Holder, if nominated to become the Transport Manager CPC Holder on a Standard Operators Licence. Therefore, CPC Holders should be aware that being a consultant on a Restricted Operator Licence does not go undetected by the regulatory, & enforcement bodies.
Any CPC Holder acting as a Transport Consultant, on a Restricted Operator’s Licence need to be aware that although they are neither, named on the Restricted Operator Licence as the competent person, or are considered as one of the persons responsible for compliance to the Operator Licensing Regulations, i.e. the company officers, as per the regulations, surrounding the holding of a Restricted Operator’s Licence.
The CPC Holder must make sure that any advice, or work carried out in relation to the Restricted Operator Licence. Is to the same professional standards, as if they were the nominated Transport Manager, on a Standard Operator’s Licence. They do not have a get a “Get Out of Jail Free Card” so to speak, because they are not formally named on a Restricted Operator’s Licence
If it is found out by the regulatory, & enforcement bodies, that a Restricted Operator’s Licence is not compliant to the Operator Licensing Regime. The CPC Holder acting as a Transport Consultant for that Restricted Operators Licence. Could be asked by the regulatory, & enforcement bodies to explain their actions, this may include being part of either a preliminary hearing, or even a public inquiry.
If it is found that the CPC Holder acting as a Transport Consultant was at fault. The CPC Holder could find it hard to be able to do formal Transport Management work moving forward. In relation to when maintaining the compliance for any type of Operator’s Licence is to part of their remit, whether that is to be engaged, as a nominated Internal, or External Transport Manager, or for other Restricted Operator Licence holders, as a Transport Consultant.
Also, it is most likely that the CPC Holder would also be working under a contract of services, which would normally expect the CPC Holder, to act to a required professional standard, & work in the other parties (The Restricted Operator’s Licence Holder) best interests. Then they may face having legal action taken against them, by the other party, in this case the that would be the Restricted Operators Licence Holder.
Therefore, any CPC Holder must still make sure that the work they do in relation to the Restricted Operator Licence. Is carried out, in the same professional manner, & standards, as if they were the nominated Transport Manager on a Standard Operator’s Licence.
From Oplas Transport Consultancy experience, received the most questions in following areas of Restricted Operator’s Licence compliance, as shown below. If your question is not shown below, then please go to our contact page, & send us your question. Here at Oplas Transport Consultancy, we will endeavour to answer your ASAP.
1: Those parties looking to engage the services of a CPC Holder, to act as transport consultant, on the Restricted Operator’s Licence they hold by the business. If this is the case then please use the link to contact Oplas Transport Consultancy, will we will contact you back, as soon as we can, to answer your questions, & discuss your requirements.
2: You are a CPC Holder, & have more questions in relation to Restricted Operator’s Licence, & acting as a Transport Consultant, on Restricted Operator Licences. If this is the case then please use the link to contact Oplas Transport Consultancy, will contact you back, as soon as we can, to answer your questions, & discuss your requirements.
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This Guide Has Been Produced, as a Basic Definition of the Term CPC Holder, in Relation to the Operator Licence Regime & Therefore Cannot Be Considered as Formal Legal Advice