When a CPC Holder is nominated on an Operator’s Licence, as the Transport Manager. The CPC Holder’s role or function can be defined by the use of some basic principle(s). Thereby keeping the understanding of the Certificate of Professional Competence Holder role, function or job as a nominated Transport Manager CPC Holder hopefully very simple.
Therefore, a large number of Standard Operator Licence Holders, employ a CPC Holder to demonstrate that as a Standard Operators Licence Holder they hold “Professional Competence”. The CPC Holder therefore needs to realise, that in terms of the professional competence component part of the Standard Operators’ Licence they are named on. They are the party demonstrating professional competence, both for themselves as a Certificate of Professional Competence Holder & the Standard Operator Licence(s) they are nominated on & need to act accordingly
Therefore, this has the effect of the CPC Holder having to make sure that the Standard Operator’s Licence Holder. Is made aware & understands the requirements of both being a Standard Operators Licence Holder. But also making the Standard Operators’ Licence Holder & those connected with the use of the Operators Licence, aware of the compliance requirements surrounding the holding & use of a Standard Operator’s Licence.
Therefore, from reading the above basic principles, it can be seen that a CPC Holder acting as the nominated Transport Manager on an Operator Licence. Has two bosses to keep happy at the same time, which as we know is not always successfully managed.
The CPC Holder role when he/she is the nominated Transport Manager on a Standard Operator’s Licence. In many ways, is actually two jobs, & each job or role may seem to be fighting with each other, as the title of this sections suggest. The nominated Transport Manager is always trying to keeping two Bosses happy.
The CPC Holder first part of their job is trying to keep the Operator Licence Holder his/her employer happy. Who may be under commercial pressure & trying to make sure that the maximum amount of work is carried out by the vehicles, & drivers, at the time the operation requires it? And is expecting their Transport Manager CPC Holder to make sure that it happens.
Therefore, keeping the Operator Licence Holder’s customers happy, & the business growing. This is often known as commercial pressure. Commercial pressures can be a time when Operator Licence Holder or their drivers can be tempted, to operate in a none compliant manner, to relieve those commercial pressures.
It is the role of the suitable qualified person i.e. a CPC Holder & the nominated Transport Manager. To make sure all those connected with the use of the Standard Operators Licence, from drivers to senior management are aware. That none compliance due to commercial pressures will not be accepted, by either the enforcement or regulatory bodies. As valid reason for none compliance to the Operating Licensing Regime.
Which if takes place, will put at risk both themselves but also the CPC Holder. Having to face action being taken against them by the enforcement & regulatory bodies. Those bodies being DVSA (Driver & Vehicle Standards Agency) & the Office of the Traffic Commissioner, or even the Courts of Law.
The second part of their job, or keeping the other boss happy the Operator Licensing Regime, & its enforcement bodies, The Office of the Traffic Commissioner, (OTC), & Driver & Vehicle Standards Agency, (DVSA). They focus on the maintaining of compliance to the Operator Licensing Regime. As previously stated in their view the CPC Holder nominated as the Transport Manager on an Operator’s Licence is their representation, in effect their voice within the entity that holds an Operator’s Licence, & it is the CPC Holders job as the nominated Transport Manager. Along with their legal responsibility to make sure that compliance to the Operator Licensing Regime is maintained, & that compliance to those regulations within the Operator Licence Regime are not compromised, due to the commercial or any other pressures. This is known as regulatory pressure.
So, it can be seen that the way the Operator Licencing Regime works. The relationship between a CPC Holder who is nominated on an Standard Operators Licence as the Transport Manager & the Standard Operators’ Licence Holder. Can make it be an adversary one, if actions of either Standard Operator’s Licence Holder, or CPC Holder acting as the nominated Transport Manager, are outside of the Operator Licensing Regulations.
Eventually it is the regulatory pressure that will prevail, & any CPC Holder acting as the nominated Transport Manager, should stand by their obligation in making sure compliance is maintained. No matter how much commercial pressure is on them.
This view has also been expressed by senior figures within the Office of the Traffic Commissioner, the regulatory body. An example of which is no less than by the Senior Traffic Commissioner in 2016, Mrs Beverley Bell, who’s opinion can be read below.
“To be effective, (CPC Holders) transport managers have to manage upwards as well as downwards, and not allow operational pressures to take precedence over legality and safety. It was important that the (CPC Holders) transport managers take care to protect their own good repute, even if that means potentially upsetting their employer”.
This statement by such a senior figure within the regulatory body. Indicates how the regulatory body view the Transport Manager CPC Holder role. As not just another employee of the Standard Operator’s Licence Holder, but as an individual whose role, function or job. Is to make sure that the view of the regulatory body, is known by the Standard Operators Licence Holder. In all matters relating to Operator Licensing Compliance.
From experience, there are certain questions people reading this section of the CPC Holder website have typically asked, & they fall into three categories, please see below, & click on the link for further information on your question, or you can use our Contact Us Page to send your question, or enquiry to us. Were Oplas Transport Consultancy will try to answer it for you
1: You are looking for the skills & services of an individual who is Certificate of Professional Competence Holder i.e. a CPC Holder. To serve as the nominated Transport Manager on a Standard Operator’s Licence, you may hold or are applying for. Then please follow the link To Oplas Transport Consultancy CPC Holder Locating Service.
2: You are a CPC Holder and are willing to offer your skills services to an Operator Licence Holder(s). As an External Transport Manager, on the Standard Operator’s Licence & would like to register your details on Oplas Transport Consultancy CPC Holder Database.
3: As the nominated Transport Manager & CPC Holder you are facing a possible Public Inquiry, then please go to our dedicated Public Inquiry page of this website, or please contact us directly using the contact page of this website.
Do you need Transport Compliance support?
Looking to register as an External Transport Manager?
This Guide Has Been Produced, as a Basic Guide to the CPC Holders Role, in Relation to the Operator Licence Regime & Therefore Cannot Be Considered as Formal Legal Advice