TC warns against third part brokers

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The East of England Traffic Commissioner, Richard Turfitt

The Traffic Commissioner stressed transport managers will face questions over their professional competence and good repute if they fail to meet requirements.

Following a case concerning Express Haulage Ltd, The East of England Traffic Commissioner, Richard Turfitt, has reminded operators and CPC holders of the risks to licences and personal repute when they allow third parties to act as brokers in the appointment of transport managers.

The regulator’s warning comes after a former CPC holder told a public inquiry that he had been rented out” as a Transport Manager.

His admission led Mr Turfitt to conclude the arrangement did not amount to a genuine link between the operator and the transport manager, as required by EU regulations introduced in December 2011.

The Traffic Commissioner also used his written decision to remind CPC holders when they find themselves prevented from exercising continuous and effective management of the transport operation, they should resign rather than allow an operator to use them in name only.

He stressed transport managers will face questions over their professional competence and good repute if they fail to meet those requirements.

Under EU regulations, the loss of either leads to automatic disqualification for a Transport Manager, including working as a CPC holder in Europe. Traffic commissioners now also have the power to set rehabilitative measures before the order for disqualification can be lifted.

“As far as a Traffic Commissioner is concerned, the holder of a Certificate of Professional Competence who is accepted as a Transport Manager on an operator’s licence holds an absolutely key post,” explained Mr Turfitt.

He added it is a matter of fairness to all operators that steps be taken to prevent situations where CPC holders accept temporary appointments without the scope to exercise their statutory responsibilities.

In this case, wherein a company vehicle was left by the roadside for four days, Mr Turfitt concluded that Express Haulage Ltd, which was operating on an interim licence, did not have a transport manager in place at the time of the inquiry, stating that the transport manager, Mr Zevuckis “was not exercising continuous and effective management as Transport Manager”.

The conclusion led the Traffic Commissioner to disqualify the defendant from working as a Transport Manager for five years and from acting as a director of a transport operation for the same period.