‘Name-only’ transport managers face suspension
Operators still using ‘flag of convenience’ transport managers can expect to find themselves in serious trouble if they come up before a traffic commissioner (TC), North Eastern TC Kevin Rooney (pictured) told the FTA’s Transport Manager Conference in Chepstow.
He pointed out that the law was very clear: a transport manager (TM) could only look after a maximum of four operators and a total of 50 vehicles.
Mr Rooney also tackled the common misconception that the TM’s role was primarily to check tachograph and vehicle maintenance records – again pointing out that the legally defined role of the transport manager was to exercise “continuous and effective control” over transport operations.
“Transport managers, who will have worked hard to obtain their Certificate of Professional Com-petence, should understand that they are likely to be disqualified for life if it comes to light that they have just put their name to an application and have little or no involvement in the day-to-day running of a transport operation,” he warned.
He recounted a number of real-life cases where it was clear that the transport manager was not in continuous and effective control. These included an application to increase the authorised fleet size, of which the TM had not been informed by the business owner.
“The transport manager must be involved with the winning of new contracts and be satisfied that the work can be done legally with the resources available.
“TMs must also be able to say yes or no to a vehicle being used without reference to anyone else. They must be in control of their own budget, recognised as a key person within the organisation and properly rewarded.
“They need time in which they can discharge their duties, and adequate support.”
He emphasised that passing the CPC exam was not the end of knowledge acquisition for transport managers: they had to keep up to date with the latest information coming from the traffic commissioners, statutory guidance documents and the trade press.
He encouraged TMs to exercise joined-up thinking in discharging their responsibilities. If, for example, a workshop periodic inspection showed up faults which a driver could have spotted, then the previous driver inspection records for the vehicle should be checked: had the driver picked up the faults? If not, why not?
It was also important to check and record that reported faults were actually corrected before the vehicle was used again.
Mr Rooney also urged TMs to check the vehicle record against the drivers’ cards when checking digital tachograph records. The hours recorded on the driver’s card might well be compliant, but had the driver carried on driving after he removed his card?
It was impossible to tell if he had done this by just checking the driver’s card, but the record in the digital tachograph itself would prominently flag up ‘unknown driver events’ which should be investigated.
Mr Rooney said that around 1,000 operators were called to public inquiry by traffic commissioners in Great Britain every year. Last year 148 transport managers had been disqualified at PIs.
Disqualifications for com-petence would generally last until suitable training had been undertaken, while abuses of trust resulted in bans of up to 10 years, but TMs could be disqualified indefinitely for serious offences.
