Transport Manager CPC: What is Good Repute?

Good Repute in relation to operator licensing regulations has no strict definition. I.e. To have “Good Repute” the holder of a Transport Manager CPC, must be seen as being able to match a “set” of standards, it is in fact more accurate to say it is a number of concepts & precedents, which make up those standards. However, the Goods Vehicles (Licensing of Operators) Act 1995, does give detail on the view of the operator licensing regime on the concept of good repute, & what would stop an individual from being considered as being of “Good Repute”. In what are known as relevant convictions, which can affect the “Good Repute” of a holder of a Transport Manager CPC

When any induvial with a Transport Manager CPC qualification. Is forwarded to the Office of the Traffic Commissioner, for their nomination to be considered & if accepted by the Office of the Traffic Commissioner, they are then placed on the Standard Operator’s Licence, to acted as the nominated Transport Manager. Part of this consideration, & accepting of a nomination. There is a process of checking of the Transport Manager CPC Holder’s “Good Repute”.

Transport Manager CPC: How is Good Repute Determine?

Once again Goods Vehicles (Licensing of Operators) Act 1995, & its Schedule 3 helps those holders of a Transport Manager CPC to understand the process of determining “Good Repute”. As stated early “Good Repute” is made up concepts & long-established precedents. This is clearly shown by the Act in the way it lays out that determining of “Good Repute”. However, it also confirms that the induvial Traffic Commissioners has a big factor, on what they consider as being relevant to when considering the “Good Repute” of the holder of a Transport Manager CPC. Therefore, it is not only any relevant convictions; It also what the Traffic Commissioner(s) can consider. In this case this is “any other information they feel is relevant & in their possession”.

Transport Manager CPC: Factors for Compulsory Loss of Good Repute

As stated previously what factors allow a Transport Manager CPC Holder to be considered as having “Good Repute”. Can be different for each holder of a Transport Manager CPC, plus the information held by Office of the Traffic Commissioner, which a Traffic Commissioner may use as part of their decision.

But there are circumstances by which the “Good Repute” of a holder of Transport Manager CPC can be taken away due to reasons, that are set out within the Goods Vehicles (Licensing of Operators) Act 1995. This is often known as mandatory loss of “Good Repute”. The holder of a Transport Manager CPC will be considered as not of “Good Repute”. If the holder of Transport Manager CPC, has more than one conviction of a serious offence. Those serious offences are not just those connected with operator licensing or road traffic offences. A serious offence in relation to “Good Repute” is one were the penalty for the offence is imposed by the Court, see below examples of which, are mentioned within the Goods Vehicles (Licensing of Operators) Act 1995

  • Having being convicted of repeated road transport offences
  • Received a prison sentence where the term is greater than three months. Suspended prison sentences of the same term are included also
  • Receives a fine, or fines totalling more than £2500
  • Given a community order requiring the holder of the Transport Manager CPC. To carryout work for more than 60 hours.

Although the convictions as shown above must be part of any determination of the “Good Repute” of any holder of a Transport Manager CPC, when they have been nominated to be a Transport Manager on a Standard Operator’s Licence. There are circumstances by which the reference convictions may not have an adverse effect on the “Good Repute” of the holder of a Transport Manager CPC.

When the “Good Repute” of a holder of a Transport Manager CPC is under consideration by the Office of the Traffic Commissioner. One of the factors surrounding any known conviction(s). Is if those conviction(s) are considered as being “spent” under the provisions of the Rehabilitation of Offenders Act 1974. If the convictions are considered as being “spent”. Then those convictions will not be used as part of the process by which, the “Good Repute” of the holder of a Transport Manager CPC is determined.

Plus, if the holder of the Transport Manager CPC may make written submissions, or give evidence in front of a Traffic Commissioner, requesting that the Traffic Commissioner to disregard an offence. If this is the case, it is mainly on the basis. That such time has passed from the date of conviction, that the elapsed time can be considered by the Traffic Commissioner considers as being appropriate. If the Traffic Commissioner agrees, then the conviction(s) will not be part of any consideration of “Good Repute” of the holder of a Transport Manager CPC

Transport Manager CPC: Most Serious Infringements

In 2011, EU Regulation 1071/2009/EC, & the concept of “most serious infringements” was introduced & became part of the UK regulations surrounding standard national & international operator licences.

The effect of the regulations is that Traffic Commissioners are now required to consider an “Transport Manager CPC “Good Repute” if there is evidence that a “most serious infringement” has been committed. The evidence must be considered, even if there has been no prosecution in relation to the “most serious infringement”. All that is required for the “Good Repute” of a holder Transport Manager CPC, is sufficient evidence to confirm that a “most serious infringement” has happened. An example of this would be if a prohibition notice issued against a vehicle, or a fixed penalty issued to a driver.

Please find below some examples of “most serious infringements” are often referred to as the “seven deadly sins”

Exceeding daily work periods or daily driving times by margins of 50% or more

Fraudulent use of tachograph recording equipment

Driving without MOT certificates

Operating a vehicle with serious vehicle defects

Driving with substantial overloads.

When a most serious infringement occurs, & the Office of the Traffic Commissioner is aware of it. As previously stated it has an obligation to consider, if the most serious infringement in questions effects the “Good Repute” Transport Manager CPC holder. The process is often carried out via correspondences, or via a Transport Manager hearing or Public Inquiry procedures.

Transport Manager CPC: Reporting of Convictions, & Most Serious Infringements

When the holder of a Transport Manager CPC is the nominated transport manager on a Standard Operator’s Licence, part of their obligations is to make sure that all convictions, most serious infringements, in regards to themselves, or the operator’s licence they are nominated on. Plus, any other information which under the operating licensing regime is considered as being a “material change” to the standard operator’s licence, must be reported to the Traffic Commissioner within 28 days.

Many holders of a Transport Manager CPC have failed to maintain this obligation, due to the possible impact on their own “Good Repute” or due to pressure being placed on them by the operator’s licence holder, again due to the possible impact on the operator’s licence holders “Good Repute” When this happens, in a large number of cases, it can only make a difficult situation worse.

If the on the other hand there is prompt communication by the nominated transport manager with the Office of the Traffic Commissioner, in regards to convictions/most serious infringements, or the failure to inform of a material change(s). Then prompt communication with the Transport Manager CPC holder, is considered as a sign of being “open & honesty” along with demonstrating wiliness by the transport manager to be compliant with operating licensing regulations.

When the holder of the Transport Manager CPC has been open & honest with the Office of the Traffic Commissioner, including the admitting of fault when it is appropriate. When admitting fault, the giving of a detailed explanation on the circumstances behind offences is important. Finally, what actions have been taken by the nominated Transport Manager CPC holder, have been taken or in the process of being introduce, to make sure that there is no repeat of the failure to report to the Office of the Traffic Commissioners convictions/most serious infringements, or material change(s). When these actions have taken place the Office of the Traffic Commissioner, may take the view that the holder of the Transport Manager CPC “Good Repute” should not affect, by the convictions/most serious infringements, or material change(s)

Even if the question actions & behaviour, of an individual holder of a Transport Manager CPC, does not lead to their prosecution. However, it would be prudent for the holder of Transport Manager CPC, as previously stated to have clear, open & honest communication with the Office of the Traffic Commissioner.

Any Transport Manager CPC Holder, would be wise to keep in mind. That all matters concerning convictions/most serious infringements, & material change(s). There are always investigations, which are not only by the Office of Traffic Commissioner, but by such organisations such as the Police, Driver & Vehicle Standards Agency (DVSA), Her Majesty Revenue Customs (HMRC), Health & Safety Executive or Environment Agency. All of these organisations & others not mentioned, do pass information to the Office of the Traffic Commissioner, were they feel it is appropriate to the Office of the Traffic Commissioner, were it is considered as intelligence.

If the operator’s licence that the holder of the Transport Manager CPC is nominated on. Is seen to be compliant with the operator licensing regime, along with keeping the Office of the Traffic Commissioner informed those investigations. Then a strong case can be made, that the “Good Repute” of not only the Transport Manager CPC holder, but the operator’s licence holder, should not be lost.

Transport Manager CPC: Loss & Regaining of “Good Repute”

When the holder of a Transport Manager CPC, loses their “Good Repute” they have lost the ability to be the nominated Transport Manager on a Standard National or International Operator’s Licence. It is for the individual holding a Transport Manager CPC who has lost their “Good Repute” & they wish to still work as a nominated Transport Manager. To put their case to the Office of the Traffic Commissioner that their “Good Repute should be reinstated.

This may mean that the Transport Manager CPC holder retaking the Certificate of Professional Competence examination, or working within a transport management, but under direction from a senior Transport Manager CPC holder, to make sure that compliance to the operating licensing regime is maintained. Finally, the holder of the Transport Manager CPC, may decide to take a period of time working outside the transport industry. During which time they can consider on the circumstance leading to the loss of their “Good Repute” undertake to make sure they do not happen again. This may be in the way of undertaking additional training or having a senior role in a business, which they can show has been run in a complaint manner.

Please Note: If the holder of Transport Manager CPC was considered as having “Good Repute” at the time of their nomination, & that nomination was successful. Then due to circumstances that “Good Repute” is lost, whilst still a nominated transport manager. Then they can no longer continue in the nominated transport manager role. Both on the Standard Operator’s Licence they are nominated on, but also on any other Standard Operator’s Licences in the future, until their “Good Repute” is restored.

Transport Manager CPC: Tarnish “Good Repute”

When the “Good Repute” of a holder of Transport Manager CPC, is brought into question. The Office of the Traffic Commissioner may come to the conclusion that there is no case for mandatory loss of “Good Repute” of the Transport Manager CPC holder. However, they feel that the holder of the Transport Manager CPC has come very close to losing their “Good Repute” but it has not been lost. In this situation the “Good Repute” of the holder of the Transport Manager CPC is considered as being “tarnished”

The effect of “Tarnished” good repute is that the Transport Manager CPC holder. Is that they have had a warning which should be considered as being a first & final in regards to their “Good Repute”. Any operator’s licence which they are nominated on or associated with, will face close scrutiny by enforcement, & regulatory bodies. Examples of which are the Office of the Traffic Commissioner, & the Driver & Vehicle Standards Agency (DVSA).

Transport Manager CPC: “Good Repute” a Summary

The above information on convictions/most serious infringements, & the possible effect on individuals who are holders of a Transport Manager CPC “Good Repute” However, it must be remembered that it is only the Office of the Traffic Commissioner, is the true judge of the “Good Repute” of any individual using a Transport Manager CPC, & nominated on an Standard Operator’s Licence.

The Office of the Traffic Commissioner is entitled to take into account any information. In practical terms this means “any other information they feel is relevant & in their possession”. The effect can be seen by looking at a number of Public Inquiry decisions. Where the Office of the Traffic Commissioner is aware of convictions/most serious infringements, & there has not been a prosecution. But the Traffic Commissioner undertaking the Public Inquiry, has decided that the convictions/most serious infringements have had a direct impact on the “Good Repute” of a Transport Manager CPC Holder, & has taken action, against the holder of the Transport Manager CPC.

In conclusion no matter what information is consider as affecting the “Good Repute” of individuals. It should be clear to all holding a Transport Manager CPC, & using it in the context of being a nominated transport manager & carrying out transport management work They cannot risk the loss of their “Good Repute” As this would be catastrophic, for their career in transport management. 

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This Basic Guide Has Been Produced, to Give Basic Guidance in relation to the Transport Manager CPC, (Certificate of Professional Competence) Regulations, & Operator Licensing Regulations. Therefore, Cannot Be Considered as Formal Legal Advice.