The requirement of a Transport Manager CPC Holder in relation to the granting of an Operators’ Licence, when those licenses are of a national or international nature, does in a lot of cases come as a bit of a surprise to many who are applying for an Operators’ Licence for the first time. Many may not have even heard of the term Transport Manager CPC Holder, never mind understanding the role of a Transport Manager CPC Holder has to play, in relation to the use of an Operators’ Licence.
A Transport Manager CPC Holder is a person who after examination has been rewarded a Certificate of Professional Competence or more commonly known as a CPC, is required to be nominated on all standard national & international operators’ licences. This requirement is from the main instrument of regulation which is the EU Directive 74/561, which requires operators using Goods Vehicles over 3.5 tonnes gross vehicle weight and are used for the commercial carriage of goods (Hire & Reward), or Passenger Service Vehicles with over 9 seats (including the driver) carrying passengers for a commercial purpose (Hire & Reward) as part of being granted an Operator’s Licence, must have a Professional Competent person (commonly known as the Transport Manager CPC Holder) in the managing of transport operations to have continuous & effective control of the vehicles that are nominated on the Operator Licence that he/she is nominated on.
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, happy by making sure that the vehicles and drivers are available to work at the time the operation requires them to. Therefore, keeping the Operator Licence Holder’s customers happy and 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 and its enforcement bodies, The Office of the Traffic Commissioner, (OTC) and 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, and it is not only their job but a legal responsibility to make sure that compliance to the Operator Licensing Regime is maintained and that compliance with those regulations within the Operator Licence Regime are not compromised due to the commercial pressure the Operator Licence Holder is under to keep vehicles and 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 and 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 and will always prevail and 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 other than Senior Traffic Commissioner 2016, Mrs Beverley Bell, whose view can be read below.
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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