Practice Direction: Transport Managers

1. In 2003, Traffic Commissioners sought the views of representatives of the Road Haulage and Bus and Coach Industries, together with other stakeholders in the Operator Licensing System, to canvass their opinions about the statutory requirement for the holders of operator licences to employ a Transport Manager. Following the consultation exercise, guidance for the industries was issued by the senior Traffic Commissioner in September 2003. This practice direction formalises that guidance.

2. The following guidance is not definitive but mirrors the concern of Traffic Commissioners to ensure that only those persons who can fulfil the statutory requirements for having “continuous and effective responsibility for the transport operations” under an operator’s licence are given the authority to do so.

3. Traffic Commissioners are concerned to ensure that their approach to all their decision making is consistent.

4. The case of Transport Managers is no exception. As a result, broad guidance is available to staff on when to refer a proposed Transport Manager’s case to the Traffic Commissioner for consideration and the circumstances in which a Traffic Commissioner may wish to consider the suitability of a proposed Transport manager at a Public Inquiry.

(i) The number of operator licences for which that Transport Manager will be responsible.

(ii) The amount of time which the Transport Manager will spend in carrying out his or her duties for the operator.

(iii) The number of operating centres and number of authorised vehicles for which the Transport Manager is responsible both on that licence and any other operator’s licences.

(iv) The geographical location of the Transport Manager in relation to the Operator’s licence and the operating centres on that licence.

(v) Any other employment or activities in which the proposed Transport Manager is engaged which may restrict his/her ability to devote sufficient time to the duties of a Transport Manager on that operator’s licence.

(vi) The terms upon which the proposed Transport Manager is to be employed and a copy of the contract of employment.

6. Each case must be considered on its individual merits, and if the proposed suitability of a Transport Manager is called into question, then that person and the relevant operator will be given an opportunity to state their case at a Public Inquiry.