Transport Manager CPC: Public Inquiry

Transport Manager CPC Holder: Actions to Consider Taking, If Called to Public Inquiry?

Transport Manager CPC holders, are more commonly known as a CPC Holder. This means they have obtained a Certificate of Professional Competence, & are considered as being professional competent in the managing of commercial road transport operations, so they are compliant with road transport regulations. When an individual is the holder of a Transport Manager CPC, they have the ability to become what is known as the nominated transport manager, on an operator’s licence.

Transport Manager CPC holders like most individuals doing a job, can get things wrong, also people they are responsible for managing i.e. drivers do things wrongly. Also, any Transport Manager CPC is seen as the representation of the regulation, & enforcement bodies, so they are there to advise & make sure that that operator’s licence holder, also is aware & keeps within all the regulations which make up what is known as the operator licensing regime. The above mentioned are all human, which means human error will happen. Whichever it may be the Transport Manager CPC holder, acting as the nominated transport manager will most likely find they are held responsible to a greater or lesser degree, & may face the possibility of some type of formal action being taken against them. If after an investigation, it found that they are at fault.

Transport Manager CPC (Certificate of Professional Competence) holders can due to many reasons, find themselves having to attend a public inquiry, or Transport Manager’s hearing. This is because, as being the holder of a Transport Manager CPC, they are the nominated transport manager on an operator’s licence. Which has come to the attention of ether the enforcement, or regulatory bodies, the reason this has happen, but in most cases the reason is due to none compliance to the operator’s licensing regime. Those enforcement or regulatory bodies would be the Driver Vehicle Standards Agency more commonly known as the DVSA. Or Office of the Traffic Commissioner.

No holder of a Transport Manager CPC wishes to be called to a public inquiry. Therefore, being aware of what steps should be taken, can be viewed as no more than planning for the worst-case scenario. This is not unlike what a Transport Manager CPC holder acting as the nominated as a transport manager on an operator’s licence. I.e. making sure that there are systems of work in place to deal with scenarios were things go wrong, or stopping them from going wrong, & maintain compliance to the operator licensing regime.

  1. After getting the call up letter, it is important to keep calm, try not to panic. Read the correspondent from the Office of the Traffic Commissioner carefully & more than once so you fully comprehend the reason why you are being called, to public inquiry. Check if the operator’s licence holder(s) which you are acting on as the nominated transport manager on. Have been called to the same public inquiry. If it is just you it is most likely the case. That you have been called to what is known as a transport manager’s hearing.
  2. If the Transport Manager CPC holder & the operator licence holder, on whose operator’s licence they are nominated on should be talking. This is vital, as even if Transport Manager CPC holder is the only person being called, this may still have an influence on the operator licence(s) you are nominated on. Sometimes the relationship between the operator’s licence holder & the Transport Manager CPC holder, acting as the nominated transport manager can be strained. The Transport Manager CPC holder should make efforts to talk (see the comments, below), to the operator’s licence holder. The reason for this, is that the Traffic Commissioner at the public inquiry will view the holder of the Transport Manager CPC acting as the nominated transport manager, & the operator’s licence holder. As have taken a proactive approach to solving the compliance problems, which may happen. Remember to keep a formal record of any conversation(S). So that both the Transport Manager CPC holder, & the operator’s licence holder whose operator’s licence, they are acting as the nominated transport manager on. Understand their position in relation to the upcoming Public Inquiry.
  3. Should the holder of the Transport Manager CPC (Certificate of Professional Competence), acting as a nominated transport manager, consider resigning their position, if they feel the operator licence holder has been or is being uncooperative? This is a problematic question to answer, & there is no easy answer as each situation is different, but Oplas Transport Consultancy opinion is as shown below.

Firstly, if the operator’s licence holder has been refusing to operate in a compliant manner, for a period of time before either the enforcement or regulatory action was possibility, & the holder of the Transport Manager CPC acting as the nominated transport manager had been highlighting any compliance shortcomings for a period of time, & the holder of Transport Manager CPC can produce evidence at public inquiry of those actions. Then the most likely view that would be taken by the Office of the Traffic Commissioner, would be that the holder Transport Manager CPC acting as the nominated transport manager, should have considered resigning as the nominated transport manager, once it became clear to the holder of Transport Manager CPC. That the operator’s licence holder was not being co-operative in relation to being compliant to the operator licensing regime. But the Traffic Commissioner would as part of any decision, take into account any circumstances, which may have stopped the holder of the Transport Manager CPC acting as the nominated transport manager from resigning.

Secondly, if the holder Transport Manager CPC acting as the nominated transport manager, only resigned from their position as the nominated transport manager, once it was clear that there was going to be enforcement or regulatory action taken against them & the operator’s licence they are nominated on. The most common example is the resignation taken place after notification being received by the holder of the Transport Manager CPC, who has been acting as the nominated transport manager. Then the most likely view taken by the Office of the Traffic Commissioner, would be that the holder Transport Manager CPC acting as the nominated transport manager, has only resigned their position as the nominated transport manager. Due to possible regulatory action being taken against them, & the Transport Manager CPC possible lack of action, before regulatory action was a possibility, would not be looked at in a good light.

Just resigning their position does not stop the Office of the Traffic Commissioner from taking action against the holder of the Transport Manager CPC, who has acted as the nominated transport manager operator’s licence, whose level of compliance was the joint responsibility of the has been brought into question. It also needs to be remembered that the Traffic Commissioner would as part of any decision, take into account any circumstances. Which may have stopped the holder of the Transport Manager CPC acting as the nominated transport manager from resigning.

Transport Manager CPC: Frequently asked questions

Transport Manager CPC: Rights of a Holder of a Transport CPC

The holder of Transport Manager CPC (Certificate of Professional Competence), is allowed to give evidence, make submissions, & have representation when called to public inquiry. The holder of Transport Manager CPC will be given the opportunity to speak & to ask questions. It is for the Traffic Commissioner to decide what evidence that is given, & questions asked by the holder of Transport Manager CPC at public inquiry, is relevant for the purposes of the proceedings. Any individual giving evidence at a public inquiry, can be asked questions by the holder of Transport Manager CPC, or by their representation acting on their behalf. The Traffic Commissioner will also put questions to all parties, at the Public Inquiry.

Transport Manager CPC: Obligations When Appearing at Public Inquiry

When the holder of the Transport Manager CPC (Certificate of Professional Competence), is giving evidence is not given under oath, as in the sense of giving evidence at a court of law. But holder of the Transport Manager CPC is required to be honest & truthful when giving their evidence at public inquiry. If it is found that the holder of the Transport Manager CPC has not been honest, & truthful. The holder of the Transport Manager CPC risks their professional competence, & good repute. Which in turn risks their ability to act as a nominated transport manager. Along with the possible risks as mentioned. The influence of the evidence given by the holder of the Transport Manager CPC, on any decision made by the Traffic Commissioner is not great. In addition, there is the chance that giving false evidence at a public inquiry. That the Office of the Traffic Commissioner could consider referring the holder of the Transport Manager CPC, to the police and criminal charges could follow.

Transport Manager CPC: Areas of Evidence That Should be Giving at Public Inquiry:

As stated above any holder of a Transport Manager CPC (Certificate of Professional Competence), should be honest & truthful when giving their evidence at public inquiry. The type & amount of evidence to be given by the holder of the Transport Manager CPC to the Traffic Commissioner, will be different for each situation. But there are some common themes like. The actions they took whilst acting as the nominated transport manager, to ensure compliance to the operator licence regime. Evidence to show that they were informing the operator’s licence holder, of any difficulties in maintaining compliance. Actions taken to correct any problem areas of compliance. Along with any refresher training undertaken by themselves. Or any other facts & information that the holder of the Transport Manager CPC may feel is relevant to their case.

Transport Manager CPC: Should I Have Professional Representation?

The questions & the answers given should be all ones which the holder of a Transport Manager CPC (Certificate of Professional Competence). Should be asking & getting answers to, if they have been called to public inquiry. But there is also a further question that although in resent times, was not one that the holder of a Transport Manager CPC may have asked, if they were called to public inquiry. Does the holder of a Transport Manager CPC need to consider need to consider? Should they have their own professional representation when appearing at the Public Inquiry.  

For many years when both, the holder of the Transport Manager CPC acting as the nominated transport manager on an operator licence, & the holder of that operator’s licence holder were called to Public Inquiry. It was common for both parties, to have the same representation & in a lot of cases the cost of that representation, was covered by the operator licence holder.

However, if the relationship between the holder of the Transport Manager CPC acting as the nominated transport manager, & the operator licence holder is under pressure. Then this was not always the case & still is today. Plus, after changes made in 2011, to the regulations surrounding the way in which a nominated transport manager is viewed by the operator licensing regime, the situation is now different for holders of a Transport Manager CPC, who have been called to public inquiry.

Basically, the changes made to the regulations in 2011, had the effect of making any holder of a Transport Manager CPC & acting as the nominated transport manager a separate legal entity, in regards to the responsibility for maintaining compliance on any operator’s licence they are acting as the nominated transport manager.

Therefore, any holder of a Transport Manager CPC who has been called to public inquiry. Now need to think very carefully, about defending and protecting their position. In regards to their professional competence, & “good repute” & should be looking & considering all available avenues, in doing just that.

Transport Manager CPC: Instructing a Transport Solicitor or Transport Consultant

When the holder of a Transport Manager CPC (Certificate of Professional Competence) is instructing an experienced transport solicitor or transport consultant. Then are automatically getting help very difficult & stressful situation. Their representation will look at the situation in a calm manner, & with the holder of the Transport Manager CPC, develop a plan so that when the public inquiry is held. The best case for the holder of Transport Manager CPC, can be put forward.

One way which professional representation can help the holder Transport Manager CPC. Is by attending any meeting with the operator licence holder in relation to the public inquiry. This is even more relevant if the relationship between the holder of the Transport Manager CPC & the operator’s licence holder, which has become strained. Having a third party at the meeting can be calming influence. It may even help to repair the relationship. This is important as this will help to restore the compliance of the operator licence before the public inquiry is held. As both parties “Good Repute” is at risk. So, ensuring that all systems of work used for maintain compliance, are fit for purpose were possible, before they are due to attend the public inquiry.

If after reading the information above, & as the holder of a Transport Manager CPC, with the possibility of having to attend a public inquiry. That you need more formal advice. If this is the case, then please use the contact form on this site, or the links shown, to our Public Inquiry website. Oplas Transport Consultancy offers a full Public Inquiry Service for the holders of a Transport Manager CPC, who have acted as a nominated transport manager. Who have been called to public inquiry, service includes, consultation, public inquiry preparation, & representation. Click here.

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This Guide Has Been Produced, as a Basic Information on the Transport Manager CPC, & it’s Relationship to the Public Inquiry Process. Therefore, Cannot Be Considered as Formal Legal Advice.