CPC Holder: Public Inquiry

CPC Holder Public Inquiry, not the words that any Certificate of Professional Competence Holder acting as a nominated Transport Manager, on a Standard Operators Licence what’s to hear or read. But there is always the possibility that they may be required to attend a Public Inquiry, or Transport Manager Hearing. As a Certificate of Professional Competence Holder & being the nominated Transport Manager, on an Operator’s Licence.

Therefore, being aware of what actions they should be taking. If the worst does happen, is a prudent measure. I.e. “what would I do if the worst was to happen” So being prepared is the key, as the CPC Holder will have not only have defend their actions, when acting as the nominated Transport Manager on the Operator’s Licence, they are named on. But also, their “Good Repute” & “Professional Competence”.

CPC Holder Public Inquiry: What to do if you are called to Public Inquiry?

Being prepared, can be only a good thing, & like most areas of transport compliance, being prepared is always part of how any Certificate of Professional Competence Holder works acting as a nominated Transport Manager CPC Holder, on a Standard Operator’s Licence. Please find below some simple, but helpful points of advice

  1. Do not panic! Read your call-up letter so you know the reason why you are being called and whether or not the Operator’s Licence Holder is being called to the same Public Inquiry (or whether it is just a Transport Manager Hearing).
  2. Talk to the Operator Licence Holder, on which Operator’s Licence you are nominated on. This is important, as even if you the only person being called, this may still have an effect on the Operator Licence(s) you are nominated on. Even if you feel your relationship with the Operators Licence Holder is strained you should make the effort to talk (see the comments, below) as this will viewed by the Traffic Commissioner, as the nominated Transport Manager CPC Holder as having taken a proactive approach. Remember to document the conversation itself, so that all parties understand their position in relation to the upcoming hearing.
  3. Should the nominated Transport Manager CPC Holder consider resigning his or her position if they feel the operator is being uncooperative? This is a difficult question to answer, but if the Operator Licence holder continually refuses to Operate in a compliant manner – even when the Transport Manager CPC Holder highlighted legal shortcomings. Then if this is the case, the CPC Holder acting as the nominated Transport Manager CPC Holder. Must seriously consider their resignation from the Operator’s Licence. Even if that may mean the possibility of them, becoming known as a whistle blower.

CPC Holder Public Inquiry: Frequently Asked Questions

What are the rights of a CPC Holder at a Public Inquiry?

The Certificate of Professional Competence Holder called to Public Inquiry as a nominated Transport Manager. Has the right to be legally represented at the Public Inquiry, along with the right to a fair hearing. The CPC Holder or their representative is able to present their case to the Traffic Commissioner. Entitled to give evidence, make submissions, & make representations, along with the opportunity to speak, & to ask questions.

The Traffic Commissioner will then determine if the evidence given on behalf of the CPC Certificate Holder called to Public Inquiry as a nominated transport manager is relevant, for the purposes of the Public Inquiry, & its proceedings.

Anyone giving evidence to the inquiry can expect to be asked questions by the CPC Holder, or by a representative acting on their behalf. The Traffic Commissioner will also put questions to all parties, at the Public Inquiry.

What are the CPC Holder obligations at a Public Inquiry?

The Certificate of Professional Competence Holder called to Public Inquiry as a nominated Transport Manager, when giving evidence it is not given under oath. But he/she is required to be honest & truthful when giving their evidence? If it is found that the CPC Holder has not been truthful with their evidence. Then they risk both their professional competence & their good repute. If the CPC Certificate Holder does lose either their good repute or professional competence, then they will no longer be able to act as a nominated Transport Manager.

Plus, the impact on the weight of any evidence given by the CPC Holder, at the Public Inquiry will be of a negative nature. Furthermore, the possibility that giving false evidence at a Public Inquiry by the nominated Transport Manager. The Office of the Traffic Commissioner may consider referring the Transport Manager CPC Holder, to the police to investigate, & criminal charges may be brought against the Certificate of Professional Competence Holder.

If after the police investigating it is found that the CPC Holder has been lying or producing false documents, the matter could lead to prosecution of the Transport Manager CPC Holder, for conspiracy to pervert the course of justice. This may lead to individuals holding a CPC Certificate, being sent to prison.

How should a CPC Holder handle themselves at Public Inquiry?

As previously stated, any Certificate of Professional Competence Holder, who has acted as a nominated Transport Manager, & has been called to Public Inquiry should be honest with their evidence. Telling the Traffic Commissioner everything they did or did not do, to ensure compliance to the Operator Licence Regime i.e. the actions they took whilst acting as the nominated Transport Manager, when tackling any problems when trying to maintain compliance to the operator licensing regime. Along with any refresher training undertaken by them, such as a Certificate of Professional Competence Holder refresher course.

Should a CPC Holder have Professional Representation when Called to Public Inquiry?

All the above questions are important and the Certificate of Professional Competence Holder, which they need to make sure that they have the answers to. But a further pressing question for the CPC Holder, is whether he or she requires representation when appearing at the Public Inquiry.  

When both the CPC Certificate Holder who is acting as the nominated Transport Manager & the Operator Licence Holder are called to Public Inquiry. It is not uncommon for both parties to have the same representation, & in a lot of cases the cost of that representation is covered by the Operator Licence Holder.

However, if the relationship between the CPC Holder, & the Operator’s Licence Holder is strained, then the above may not be the case. So, the CPC Holder needs to think very carefully about safeguarding and protecting his or her own position, (Their professional competence & their good repute), & should be looking at using all available tools in doing just that.  

Given the potentially serious consequences for any CPC Holder livelihood i.e. that he or she could find themselves disqualified from acting as a nominated Transport Manager, which the holding of a Certificate of Professional Competence Qualification gives an individual. It only seems sensible to seek advice at an early stage & the instructing an experienced transport solicitor or transport consultant, to help in a very difficult and stressful situation.

One of the ways in which separate representation can help the CPC Holder is by attending the aforementioned meeting with the Operator Licence Holder in order to discuss the public inquiry. This is especially true if the professional relationship between the Certificate of Professional Competence Holder and the Operators Licence Holder, has become strained. It may actually help to repair the relationship which in turn may help to restore the compliance of the Operator’s Licence, before the Public Inquiry is held. As the repute of both parties will be at risk. As it is in both their interests, to ensured that all systems of work are fit for purpose were possible, before attendance at the Public Inquiry.

CPC Holder Public Inquiry: How can Oplas Transport Consultancy Help?

From reading the information contained on this page, you may feel that you need more formal advice. If this is the case, then please use the contact form on this site, or use the link shown, to our Public Inquiry website. Oplas Transport Consultancy offers a full Public Inquiry Service for Certificate of Professional Competence / CPC Holders, who are or have acted as a nominated Transport Manager & have been called to Public Inquiry, or Transport Manager Hearing. The service includes, consultation, public inquiry preparation, & representation.

Other CPC Holder Services Offered by Oplas Transport Consultancy

The highlighted links below, will direct you to information on matter surrounding CPC Holders & External Transport Management work, & other areas of road transport regulatory compliance.

You are an Operator Licence applicant/holder looking to Find a CPC Holder. To act as the nominated Transport Manager on the current Operators Licence you hold, or are applying for & wish to engage them. Under External Transport Manager conditions.

You are a CPC holder willing to undertake External Transport Management work, & wish to add you contact details to Oplas Transport Consultancy Database of CPC Holders. So that you can be contacted directly by those wishing to engage your skills & services as a Certificate of Professional Competence Holder. 

If there are any other questions on road transport compliance, which you feel need answering. Then please use the highlighted link shown to Contact Oplas Transport Consultancy, & we will contact you back as quickly as possible.

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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