Transport Operator Professional Competence: Transport Manager Good Repute
At the time of an application for a Standard O-licence, the professionally competent transport manager nominated on the licence must prove that they are of good repute and they must be able to do so for the duration of the licence. They are required to disclose previous relevant convictions, fixed penalty notices and serious infringements.
The Traffic Commissioner will consider the number and seriousness of these offences before deciding whether to grant an operator’s licence to the applicant. It should be noted that Traffic Commissioners can take into account offences committed outside of the UK when considering the good repute of the individual.
A more critical situation arises with regard to good repute if the nominated professionally competent person has been convicted of more than one “serious offence”. A Traffic Commissioner must refuse to grant an O-licence if the nominated professionally competent manager has been convicted of more than one serious offence.
Details of the offences to be disclosed are in the relevant factsheets applicable to goods vehicle operators or passenger vehicle operators.
People working in partnerships should be aware that if one of the partners is considered not to be of good repute, then the Traffic Commissioner will automatically view the whole business as not being of good repute. The application will be refused.
Spent convictions, as defined by the Rehabilitation of Offenders Act 1974, do not have to be revealed to the Traffic Commissioner.
It is also possible for a professionally competent person to lose their good repute after the O-licence has been granted. If the Traffic Commissioner calls for a public inquiry because the nominated person has been convicted of offences relating to goods vehicle operation, the Traffic Commissioner may decide that the professionally competent person is not a fit and proper person to continue to be nominated on a licence.
If a transport manager is convicted of any offence after the O-licence application has been issued details must be reported to the Traffic Commissioner within 28 days.
Traffic Commissioners must give transport managers 28 days’ notice if they intend to investigate their good repute and/or professional competence.
Penalties Against Transport Managers
When a Traffic Commissioner finds that a nominated transport manager is no longer of good repute or professionally competent, they may disqualify the manager from acting as such for either an indefinite period or for such period as the Commissioner thinks fit. A Commissioner may also require the manager to either undertake refresher training or sit and pass the CPC examination again before lifting the disqualification. The manager may appeal against any such decision to the Upper Tribunal Administrative Appeals Chamber.
This article makes up part of our Transport Operators Professional Competence series. We recommend you read the following articles to help give you a good understanding of the requirements for transport operators.
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Source URL: https://app.croneri.co.uk/topics/transport-operator-professional-competence/indepth