In a previous article posted to this site we outlined two important requirements for anyone wishing to obtain an Operating Licence and the contents of Regulation (EC) 1071/2009 which defines the position of a Transport Manager.
The Driver and Vehicle Standards Agency (‘DVSA’), the executive agency sponsored by the Department for Transport, is responsible for ensuring all aspects of public safety by, inter alia, controlling the manner in which transport businesses are run.
As part of this control, the Traffic Commissioner has the power to prevent individuals from continuing in the office of company director or fulfilling the role of transport manager and, if considered necessary, may withdraw an Operator’s Licence, thereby placing in peril the survival of that transport business.
John Veale of Kangs Solicitors now considers the personal requirements for company directors and transport managers subjected to the conditions of an Operator’s Licence.
Any investigation by the DVSA or a requirement to appear before the Traffic Commissioner for a public inquiry may have the potential to result in the closure of a business.
For an initial no obligation confidential discussion, please do not hesitate to contact us:
The Requirements | Kangs Traffic Commissioner’s Public Inquiry Solicitors
The Goods Vehicle (Licensing of Operators) Act 1995 (‘the Act’) requires that:
Section 13 (A)
The Traffic Commissioner is satisfied that the Applicant for a licence:
- has designated a Transport Manager who
- must be of good repute,
- is professionally competent,
- is not prohibited from being designated to act as a transport manager and
- is not designated to act as a transport manager covering more road transport undertakings or number of vehicles than the Traffic Commissioner deems appropriate.
Section 58 (4)
- A Transport Manager shall be regarded as being engaged in a road transport undertaking where that person is in the employment of a person who carries on a road transport undertaking giving that person responsibility for the operation of goods vehicles used under an Operator’s Licence.
The Process | Kangs Traffic Regulation Solicitors
The Act also provides:
On issuing a standard licence, a Traffic Commissioner shall attach to it conditions requiring the licence-holder to inform the Traffic Commissioner of any event which could affect the fulfilment by a transport manager of the stipulated requirements within 28 days of the event coming to the licence-holder’s knowledge.
A Traffic Commissioner shall not in any proceedings make a finding that a transport manager is not of good repute or is not professionally competent unless the Commissioner is satisfied that the transport manager has been served with a Notice stating:
- that the question whether he is of good repute or professionally competent is an issue in the proceedings,
- the nature of the allegations against him,
- that he is entitled to make representations within 28 days beginning with the date on which the notice is served on him and
- that he is entitled to request an inquiry as provided in section 35 of the Act.
Where a transport manager makes representations under this paragraph, the Traffic Commissioner shall consider the representations when:
- considering whether or not an inquiry should be held as provided in section 35,
- determining whether the transport manager is of good repute or professionally competent.
A Traffic Commissioner must hold an inquiry as provided in section 35of the Act if the transport manager requests one.
How Can We Help? | Kangs DVSA Solicitors
If you, as a Director or Transport Manager, find yourself affected by any potentially adverse situation affecting your business or employment arising from any of the circumstances outlined above, it is essential that you seek immediate expert guidance.
The team at Kangs Solicitors is highly experienced handling all aspects of situations affecting Operator’s Licences including:
- Road side stop leading to an infringement.
- Interview under caution by the DVSA in respect of serious infringements/breaches of regulations.
- Public Inquiries before the Transport Commissioner.
- Operator’s Licence applications
Please do not hesitate to contact: