CPC Holder: Responsibilities

A CPC Holder when nominated on a Standard Operators Licence as the nominated Transport Manager has a number of Responsibilities, which are more formally known as undertakings by the Operator Licensing Regime, these undertakings can also be known as obligations. These undertakings are legally binding to both the CPC Holder & the Standard Operators’ Licence Holder

When referencing The Operator Licensing Regime, this can be view as the combination of legislation, regulations & it’s regulatory & enforcement bodies, the Office of the Traffic Commissioner, & the Driver & Vehicle Standards Agency.

The Operator Licensing Regime is there to make sure, that any CPC Holder named on a Standard Operator’s Licence, as the nominated Transport Manager & the Operator Licence Holder. Are carrying out their legal responsibility in maintaining compliance to the Operator Licensing Regime.

CPC Holder Responsibilities: CPC Holder Nomination Process & Signing for Responsibility  

When a CPC Holder willing to take up the position of the nominated Transport Manager on any Standard Operators Licence. Then there is a process which must be undertaken. The Certificate of Professional Competence Holder is formal nominated by the Standard Operators’ Licence applicant/holder.

This nomination is forwarded to the Office of the Traffic Commissioner for consideration. The CPC Holder has to sign a document along with the Operator Licence applicant/holder, which is known as a TM1 form. (Please Note: Form March 2018 the TM1 form is now in an online format, & part of the online Operator Licence application process. Paper forms are no longer available, unless sent out via the Office of the Traffic Commissioner, central licensing office, which is based in Leeds). This has the effect of making them both legally responsible for the maintaining of the undertakings as listed on the form.

There are occasions when additional undertakings or obligations are added to an Operators’ Licence when it is granted, or after a Public Inquiry. In either case both the CPC Holder as the nominated Transport Manager & the Standard Operators Licence Holder. Need to make sure they are aware of them, along with having the necessary, systems of work in place. For those extra undertakings to be maintained.

In most cases, it is the CPC Holder who has been nominated as the Transport Manager, that will implement & maintains systems of work that uphold those Responsibilities or Undertakings which are attach to the granting of the Operator’s Licence.

Please find below examples of the Responsibilities, Undertakings or Obligations which normally attached to a Standard Operators Licence. These undertakings, or obligations & the work required to make sure they are maintained can be viewed as duties, or formal compliance tasks.

CPC Holder Responsibilities: Examples of Operators Licence Undertakings:

  • The laws relating to the driving and operation of vehicles used under this licence are observed.
  • The making of arrangements to ensure that drivers comply with drivers’ hours and tachograph rules and with speed limits;
  • The making of arrangements to ensure that the vehicles, & trailers (Including those that are hired) are maintained properly, including the inspection of vehicles at the appropriate time and the action taken to remedy defects found;
  • The reporting and recording of vehicle defects by drivers; & that the reported defects are rectified promptly
  • The method of compilation and the accuracy of all required vehicle records, which must be kept for a period of no less than 15 months. Those records to include; drivers report of defects, safety inspections, routine maintenance and repairs to vehicles. Plus, all records to be available on request from a suitable enforcement of regulatory body.
  • The making of arrangements to ensure that the vehicle/s are not overloaded;
  • Ensuring that authorised vehicles will be kept at the authorised operating centre(s) when not in use, & that the number of vehicles and number trailers kept there will not exceed the maximum number authorised at each operating centre, as named on the operator’s licence
  • Where appropriate, notifying the relevant traffic commissioner (in writing) of all prosecutions and convictions concerning the operator, the drivers and all persons connected to the operator’s licence within 28 days of the court hearing;
  • Notifying the relevant traffic commissioner of resignation, termination or any other reason which ends with the nominated Transport Manager, business partners, company directors being no longer named on the Operator’s Licence on which he/she is nominated.
  • Notifying the relevant traffic commissioner, of any role that the Transport Manager may have in: verifying contracts and documents; Basic accounting; Any other role involving safety procedures.
  • Notify the Traffic Commissioner of any changes within 28 days, which are considered under the Operator Licensing Regime as having a material change to the Operators Licence. Examples of which are:
  • Changes to vehicle maintenance arrangements.
  • The financial status of the Operator Licence Holder,
  • If the Operator’s Licence Holder has a change of commercial entity, i.e. sole trader to limited company
  • If the Operators Licence Holder goes in to administration, liquidation, Bankruptcies proceedings  
  • A change to those named on the Operator Licence. Examples of which are: If a partnership, holding an Operator’s Licence & one of the partners was to leave the partnership, such as retirement. Or if a CPC Holder acting as the nominated Transport Manager, was to leave position.

Please Note: The list shown above is not to be taken as exhaustive one and is subject to change at the will of the Traffic Commissioner. You should not act in reliance of it, in relation to any area of Operator Licence or any other regulatory compliance.

CPC Holder Responsibilities: CPC Holder & Operators Licence Holder, Sharing of Responsibility

A CPC Holder who nominated on an Standard Operator’s Licence as the Transport Manager. All too often find that the view, of both their colleagues, but more importantly in some cases the Standard Operators Licence Holder (I.E. is Company Director’s) is they are solely responsible for legal & legislative obligations in relation to the Standard Operators Licence, they are named on.

This misunderstanding may stem from how many people, both within & outside the transport industry, when seeing the name of the CPC Holder on the Operator Licence document as the nominated Transport Manager, or via the on-line Operator Licensing search facility, coupled with the term transport manager, believe that “He/She is the manager so they are responsible for it” i.e. “That’s the manager’s job”.

Unfortunately, as stated this view also can lead to many Standard Operator Licence Holders to believe, that they have no role to play in making sure that the Standard Operator’s Licence they hold is compliant & that it is the nominated CPC Holder acting as the nominated Transport Manager who is fully responsible.

Standard Operators Licence Holders mistakenly believe that because the CPC Holder has been formally nominated, as the Transport Manager on the Standard Operators Licence by the Office of the Traffic Commissioner. Along with the fact they are paying the CPC Holder to maintain the legal & legislative obligations in relation to it, they have no obligations. i.e. “That’s what he/she is under contract to do & is being paid to do & the Office of the Traffic Commissioner has named/nominated them to do”

In fact, the true situation is that any CPC Holder who is nominated on any Standard Operators Licence as the Transport Manager, along with the Standard Operator’s Licence Holder, have an equal share of the legal responsibility in connection with the maintaining of the Standard Operators Licence undertakings (obligations) that are in place against the any Standard Operator’s Licence, they are named or nominated on.

Therefore, all CPC Holders should be making sure that not only drivers are compliant in areas such as driver’s hours but also that the senior management is aware of their responsibilities in the area of Operator Licensing compliance.

So, with this in mind, all CPC Holders should be making sure that part of their role, when acting as a nominated Transport Manager. Is that all who work under the authority of the Operator’s Licence, are aware of their responsibilities in helping to maintain compliance, with the Operator Licensing Regime.

CPC Holder Responsibilities: What Happens When There is a Failure to Maintain Undertakings?

If a CPC Holder who is the nominated Transport Manager on a Standard Operators Licence fails to maintain the Undertakings attach to that Operator’s Licence. The CPC Holder & the Operator Licence Holder face the possibility of being subjected to, enforcement and regulatory action being taken against them.

Such action could be the revocation of the Standard Operator’s Licence and the CPC Holder & Operator’s Licence facing the loss of their repute. The CPC Holder also faces the revocation of his/her Certificate of Professional Competence or CPC. This is referred to as the loss of Professional Competence, & will therefore stop the CPC Holder, from being a nominated Transport Manager on other Standard Operator’s Licences.    

Before any action(s) are taken against the CPC Holder & the Standard Operators Licence Holder will be called to a Public Inquiry. Where a Traffic Commissioner or a Deputy Traffic Commissioner will consider what action if any, will be taken against either or both, the CPC Holder and the Standard Operators’ Licence Holder. For any failures in relation to maintaining the undertakings attach to the Operator’s Licence, which the CPC Holder, & Standard Operator’s Licence Holder are legally responsible for.

Also, a CPC Holder can also be summoned to what is known as a Transport Manager Hearing, in effect a Public Inquiry for a Certificate of Professional Competence Holder, when nominated on a Standard Operators Licence. Who is viewed by the authorities as not fulfilling their obligations, when being a nominated Transport Manager on a Standard Operator’s Licence.

This normally happens when a CPC Holder may have committed a criminal act, or taken actions outside what is expected of a CPC holder. These actions would may not involve the Standard Operators Licence Holder, & happen outside of his/her duties as a nominated Transport Manager on a Standard Operator’s Licence.

Again, this may result in the CPC Holder’s “Good Repute” being lost for either prolong or indefinite period, & the loss of their Certificate of Professional Competence, this is known as professional competence. Both “Good Repute” & Professional Competence can be restored, on approval by the Office of the Traffic Commissioner.

CPC Holder Responsibilities: How can Oplas Transport Consultancy Help? 

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.

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This Basic Guide Has Been Produced, to Give Basic Guidance in relation to a CPC Holder Responsibilities (Undertakings), in relation to the Operator Licensing Regime, & Therefore Cannot Be Considered as Formal Legal Advice