The CPC Holders role is often misunderstood, not only by those outside of the transport industry but also those who work within it. This can even include the operator licence holder, (especially in the case of those businesses that have just been granted an operator’s licence) who may not fully consider the wide range of legal & legislative obligations, which have to be maintained on an ongoing basis, by the CPC Holder
CPC Holder: Two Bosses to Keep Happy
The CPC Holder role when he/she is the nominated Transport Manager on an Operator’s Licence. In many ways, is split into two halves, each half having in some cases views which are not compatible with each other, or like the title of this section. The CPC Holder is trying to keeping two Bosses happy. One half is keeping the Operator Licence Holder, his/her employer, by making sure that the vehicles, & drivers are available to work, at the time the operation requires them to. Therefore, keeping the Operator Licence Holder’s customers happy, & the business moving forward. This is generally known as operational, or commercial pressure.
The other half, or the other boss is the Operator Licensing Regime, & its enforcement bodies, The Office of the Traffic Commissioner, (OTC), & Driver & Vehicle Standards Agency, (DVSA). Their focus is of course compliance to the Operator Licensing Regime, by all those parties who hold an Operator’s Licence of any type. 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 not only their job, but a 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 pressure the Operator Licence Holder is under to keep vehicles, & drivers working. This is generally known as regulatory pressure.
So, it can be seen that the way the Operator Licencing Regime has been set up, so that the relationship between a CPC Holder who is nominated on an Operator Licence as the Transport Manager, & the operator licence holder at times can become very adversary, if actions by an Operator Licence Holder are outside of the Operator Licensing Regime.
Ultimately it is the regulatory pressure that should always, & will prevail, & any Transport Manager CPC Holder should stand by their obligation in making sure compliance is maintained, no matter how great the commercial pressure. This view has also been expressed by senior figures with the regulatory body, by no less than Senior Traffic Commissioner 2016, Mrs Beverley Bell, who’s view can be read below.
CPC Holder: The Traffic Commissioners View
The above view of the CPC Holders role is also expressed by the Senior Traffic Commissioner, Mrs Beverley Bell. She said that “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 took care to protect their own good repute, even if that meant potentially upsetting their employer”.
This statement by such a senior figure shows, that the regulatory bodies view the CPC Holder as not just another employee of the operator licence holder, but as a person who is in place to make sure that the view of the regulatory body is known by the operator licence holder on matters relating to operator licensing compliance.
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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