Public Inquiry: The Transport Manager’s View

Transport Manager Fitness & Good Repute   

Any Transport Manager acting or was nominated on a Standard Operator’s Licence & attending a Public Inquiry related to the Standard Operators Licence as mentioned. Needs to be aware of the terms “Fitness” & “Good Repute” & under what circumstances each should be used. As the Traffic Commissioner chairing the Public Inquiry, would expect them as a Certificate of Professional Competence, often referred to as a CPC Holder. To be aware of the difference. 

Many Transport Managers & Operator’s Licence Holders are under the impression that “Fitness” & “Good Repute” are one in the same thing; this impression is incorrect. Therefore, please see below a basic definition of the terms below.

Public Inquiry: Fitness & Good Repute the Difference

In regards to “Fitness”, a Transport Manager can use a general rule of thumb. “Fitness” applies to the ability of an individual, partnership or commercial entity to be an Operator’s Licence Holder. Therefore “Fitness” can be seen as the first test that all applicants looking to be an Operators’ Licence Holder must pass. No matter what the nature of the Operators Licence they are applying for is.   

Therefore “Fitness” should not be used to describe the “Good Repute” of a person who is the nominated Transport Manager on a Standard Operators Licence & holds a Certificate of Professional Competence, often referred to as a CPC Holder. It can also be used in regards to individuals, partnership, or commercial entity who are a holder or applying for Standard Operators’ Licence

As “Good Repute”, although similar, is not the same as “Fitness”. In fact, “Good Repute” can be viewed as a higher level of “fitness”. But critical, it is only applied to those parties who are required to be named or nominated on a Standard Operator Licences. This is why “Fitness” is often associated with Restricted Operator Licensing only.  

However, it is commonplace within the transport industry for “Fitness” to describe “Good Repute” & vice versa & being understood between parties, as what is being described. Although it should be noted this practice is not as per Operator Licensing guidance or regulations

When attending Public Inquiry, a Transport Manager must keep in mind that they are/were the nominated Transport Manager. They are considered as being of “Good Repute”. Using the term “Good Repute”, the correct way will be considered by many, including the Traffic Commissioner. As a good way of showing that they are aware of the difference between “Fitness” & “Good Repute”. As they should, being a nominated Transport Manager on a Standard Operators’ Licence & therefore holding “Professional Competence.”

Public Inquiry: What is Professional Competence?

“Professional Competence.” In relation to the Operator Licensing Regulations, is the term given to an individual. Who via the attendance at a recognised course in road transport compliance management & passing of examinations, whose questions were on subjects covered whilst attending said mentioned course.

They are awarded a Certificate of Professional Competence & are then considered as having/holding “Professional Competence” in managing transport operations. To a competent professional standard, as set out in the Operator Licensing Regulations. They are also often referred to within the road transport industry as being a CPC Holder.

Transport Managers Good Repute & its Role in Public Inquiry

“Good Repute” & its role within the Operator’s Licence Regulations have been extensively written about. Resulting in many opinions & legal precedents covering “Good Repute.” The main reason for this is because there is no strict definition of “Good Repute” within the Operator’s Licence Regulations.

Therefore, how the “Good Repute” of a Transport Manager attending a Public Inquiry is dependent on how the Traffic Commissioner, presiding over the Public Inquiry interprets those formal opinions & legal precedents. Along with the circumstances, bring the “Good Repute” of the Transport Manager into question

The Effects of Losing Good Repute on a Transport Manager   

If the “Good Repute” of a holder of a Certificate of Professional Competence, also known as a CPC Holder. Who is involved with Transport Manager work, where the holding of “Good Repute” is a statutory requirement & their “Good Repute” is in question? Then the process of a Public Inquiry is typically used by the Office of the Traffic Commissioner to establish if the party involved. Is considered as being of “Good Repute.”  

Those whose “Good Repute” is being brought into question need to be aware that the Traffic Commissioner’s Office will consider it a serious matter warranting investigation. If such an investigation finds evidence to indicate that the CPC Holder, acting as or has acted as the nominated Transport Manager, is not of “Good Repute.” In most cases, it will lead to the CPC Holder/ nominated Transport Manager being called to Public Inquiry where a Traffic Commissioner will consider their “Good Repute”.  

If it is found that a Certificate of Professional Competence Holder or CPC Holder is not of “Good Repute.” Then this will stop them from being a Transport Manager on a Standard Operator’s Licence or applications. It will also make it hard for them to have a management position or involvement/association with any Operators’ Licence within the UK and possibly the EU. (Subject to ongoing Brexit negotiations & final deal).   

The loss of “Good Repute” could be for a limited or indefinite period. The length of such a period is for the Traffic Commissioner chairing the Public Inquiry decision.

The decision will also affect the Standard Operator Licences that he/she are nominated on as the Transport Manager because they are no longer found to be of “Good Repute.” This can, in some cases, cause severe problems for those Standard Operator Licence Holders.

The loss of “Good Repute” is a serious matter, not only in terms of its effect on the CPC Holder’s ability to work as a Transport Manager. But also, to work in any part of Transport Management where an Operators Licence is in use, but once lost it can be very tough to get back once lost    

Professional Competence & its Role in Public Inquiry

When chairing a Public Inquiry, the Traffic Commissioner will not only consider the “Good Repute” as the nominated Transport Manager. But being a holder of a Certificate of Professional Competence, also known as a CPC Holder. Who can act as the nominated Transport Manager, the Traffic Commissioner will consider their ability to carry out such a role?

The ability of any party nominated to carry out the role of a Transport Manager, on a Standard Operator’s Licence. It is determined by the nominated party satisfying two requirements. 1: Being of “Good Repute” & 2: The party is considered the holder/holding of “Professional Competence.”

A party holding “Professional Competence” must have obtained a Certificate of Professional Competence. This means they are formally recognised as being professionally competent, managing road transport operations.

All Standard Operator’s Licence must demonstrate “Professional Competence” at all times. It is typically for the holder of a Standard Operator’s Licence to demonstrate the holding of “Professional Competence” By employing either directly (PAYE) or under sub-contract conditions, referred to as an External Transport Manager. An individual who is a CPC Holder to act as the nominated Transport Manager. Then it is acceptable under the Operator Licensing regulations that the Standard Operators’ Licence Holder has “Professional Competence.”

Therefore, if the nominated Transport Manager needs to understand through the use of their Certificate of Professional Competence, not only are they demonstrating their own “Professional Competence.” But the “Professional Competence” of the Standard Operator’s Licence Holder as well.

Please Note: If you wish to know more about the use of External Transport Management. Oplas Transport Consultancy has many years of experience in External Transport Management by a number of its clients. It has developed a fully online facility for those looking to use the skills & services of an External Transport Manager and give advice & answering questions. On the use of External Transport Management; Please use the highlighted link to be taken to our specialist website for External Transport Management.

Effects of Losing Professional Competence On a Transport Manager   

Any Transport Manager losing “Professional Competence” due to a Traffic Commissioner’s decision at Public Inquiry. It will have significant consequences for the holder of the Certificate of Professional Competence in terms of their livelihood & their future career in transport management.

The loosing “Professional Competence” due to a decision taken at Public Inquiry. Stops a CPC Holder from being a nominated Transport Manager on any Standard Operator Licence(s); they are acting on as the nominated Transport Manager at the time of the decision being made. Even if at the time of their nomination, they were considered as holding “Professional Competence.”

Any future nominations being successful being granted would be impossible. Also, it would make it very difficult to have any formal associated with any business holding an Operator’s Licence of any type as the Office of the Traffic Commissioner may well look at that Operator’s Licence with suspicion.  With the Operators Licence Holder possibly having to give assurances that the individual who had lost “Professional Competence” does not influence matters concerning the Operator’s Licence, notable in the area of compliance.   

This ban, so to speak, could be for a limited or indefinite period, both within the UK & the EU. (Subject to ongoing Brexit negotiations & final deal). The length of such a ban is at the discretion of the Traffic Commissioner chairing the Public Inquiry.

If the Certificate of Professional Competence Holder, acting as the nominated Transport Manager, is found not to have the required level of “Professional Competence” due to a Traffic Commissioner’s decision at Public Inquiry.

It also affects those Standard Operator Licences that he/she are nominated on as the Transport Manager. Is no longer able to demonstrate “Professional Competence.” As their current nominated Transport Manager Certificate of Professional Competence is considered as being no longer valid. This can, in some cases, cause serious problems for those Standard Operator Licence Holders.

Public Inquiry & The Transport Manager’s View Summary

Therefore any Certificate of Professional Competence Holder, acting or considering to act as the nominated Transport Manager on a Standard Operators Licence. It should be plan to them after reading the above, that the loss of either their “Good Repute” or “Professional Competence.”. It is a serious matter, as it has the potential to end their career in transport management.

Public Inquiry: Oplas Transport Consultancy Public Inquiry Service

The Public Inquiry Service for either Operators Licence Holder’s & CPC Holders called to Public Inquiry, Offered by Oplas Transport Consultancy. Are as follows: consultation, public inquiry preparation, & representation services.

For more information on this service & you are an Operator’s Licence Holder, please go to our Contact Page.

For more information on this service & you are a Transport Manager CPC Holder, please go to our Contact Page.

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This Website and the information shown on it, has been produced as a basic guide, to show the relationship between a CPC Holder, & the Operator Licence Regime. Therefore, it cannot be considered as formal legal advice.