TC warns transport managers over public inquiry attendance
Transport managers who fail to attend when summoned to public inquiry are in danger of losing their repute and professional competence, a traffic commissioner has warned.
Nick Denton, the commissioner for London and the South East, made his remarks following four recent inquiries which the operators’ nominated transport managers failed to attend.
In one case a transport manager cited “work commitments”. Another asked for an adjournment due to “shortage of notice and family commitments”, which was granted – only for the manager to write once the inquiry had been relisted that that he would not be attending and that the commissioner could ‘do as he saw fit’.
A third transport manager failed to appear at three preliminary hearings and a public inquiry – while a fourth told his operator he would not attend the inquiry, but failed to inform the commissioner of his decision.
In each case there had been “severe doubts” about whether the transport manager had been “truly involved in the business” or “professionally competent”, the commissioner’s office said. But Denton added that if they had attended and owned up to their failings he would have “been more impressed than by them not showing up at all.”
Denton ruled in each of the four cases that the transport managers had lost their repute and professional competence, disqualifying them indefinitely. He noted that in the transport managers’ absence, there was little positive evidence in their favour he could take into account.
He also said the cases served as a reminder about the powers granted to traffic commissioners in 2011 through EU regulations, by which CPC and acquired rights holders can be called before regulators as individuals.
Commissioners now have the power to examine the repute and professional competence of transport managers, and determine whether investigations or reports from enforcement agencies impact on their ability to perform the role.
Those found to have lost their repute or professional competence are automatically disqualified from acting in the role in any EU member state for a period set by the commissioner – while regulators can also choose to impose rehabilitative measures such as resitting or passing the CPC qualification.
Said Denton: “Traffic commissioners have spent a lot of time emphasising to the industry how significant the role of transport manager is and how vital it is that he or she be exercising continuous and effective management of the transport activities of the business.
“Some are simply still phantoms on a licence and, if their operator is called to an inquiry, prefer to bury their heads in the sand rather than come and face the music.
“Such behaviour will almost certainly result in loss of professional competence and repute and that means the end of their time as a transport manager. It’s that serious.”
He added: “Rehabilitative measures are effective not only in raising the professionalism of individual transport managers, if they want to return to the industry, but also in showing those transport managers who are compliant that there is a level playing field.”
