Contract - What aN External Transport Manager is LeGAlly OBLIGED to DO:

Appendix 1. Transport Manager Responsibilities

Appropriate time and to keep records of any action taken to remedy any defects found;
Arrangements to ensure that there is a written nil defect daily driver reporting system in relation to vehicle defects in place and that prompt remedial action is taken and recorded;
Arrangements to ensure a system is in place to remedy vehicle defects detected by drivers and during periodic maintenance inspections promptly or bring to the attention of the operator;
Arrangements to ensure that vehicles are not overloaded;
Arrangements to ensure that vehicles are kept at the authorised operating centre(s), when not in use;
Where appropriate, the Traffic Commissioner will be notified (in writing) of all prosecutions and convictions to effectively and continuously manage the transport activities of the Operator;
To have a genuine link to the licence holder;
Arrangements to ensure that drivers comply with drivers’ hours rules (whether EU or domestic) and that measures are in place to keep these records for a minimum period of 12 months;
Arrangements to ensure that drivers comply with tachograph rules and that the unit is fitted in accordance with DVSA requirements;
Arrangements to ensure that drivers comply with speed limits and speed limiters are installed where necessary;
Arrangements to ensure that vehicles are maintained properly, including the inspection of the vehicles at the operating centres concerning the operator, the drivers and the Transport Manager within 28 days of the Court hearing;
Notifying the relevant Traffic Commissioner of resignation;
To be a resident in the European Community;
To be of good repute, which includes the following: -

Not having been convicted of a serious criminal offence;
Not having incurred a penalty for infringement of serious community rules.

15.Manage, review and audit compliance systems to ensure they are effective;

16.Review any shortcomings such as prohibitions and/or annual test failures;

17. To ensure that relevant changes are notified in accordance with operator licensing requirements;

18. Remain up to date on relevant changes in standards and legislation;

Drivers - Administration

To ensure that a system is in place to ensure that drivers hold the correct licence for the vehicle that they are driving (including non-GB drivers from EU member states who are required to register their licence with the DVLA within 12 months) and that regular checks are carried out on the licences and evidence of such checks are retained;
To ensure that vocational drivers hold a valid driver CPC qualification;

Drivers - Management

To ensure drivers are recording their duty, driving time and rest breaks on the appropriate equipment or in drivers hours books and their records are being handed back for inspection as required;
Where appropriate, to download and store data from the vehicle digital tachograph unit (at least every 90 days) and from the drivers’ tachograph smart cards (at least every 28 days);
Ensure that drivers of vehicles with analogue tachograph units produce to the operator analogue tachograph records within 42 days;
To ensure that records are retained for a minimum of 24 months for the purposes of the Working Time Directive (WTD) and they are available to be produced during the relevant period;
To ensure that drivers are adequately trained to operate all relevant vehicles and equipment;
To contribute to relevant training and disciplinary processes as required;

Drivers - Operations

To ensure that drivers are completing and returning their drivers defects reporting sheets and that those defects are recorded correctly;
To ensure drivers take adequate breaks and period of daily and weekly rest;
To ensure that a responsible person undertakes a daily walk around check before a vehicle is used and this should be done before the first use of the day;

Vehicles – Administration

Ensure that all vehicles undergo an initial safety inspection prior to the first use of the vehicle when first added to the Operator’s Licence, unless it has recently been subject to a pre-delivery inspection (PDI);
All safety inspections for all vehicles should be pre-planned and programmed to follow a time-based pattern which will be based on vehicle usage. Transport Managers must refer to the guidance published in the DVSA publication, A Guide to maintaining Roadworthiness, and contained at Annex 4 to that guidance;
To ensure suitable maintenance planner is completed and displayed properly, setting pre-planned inspection dates at least 6 months in advance, including the annual test and other testing/calibration dates. Computer based systems are equally acceptable;
To ensure that Operator License discs are current and displayed correctly;
To ensure that vehicle maintenance records are retained for no less than 15 months and are made available for inspection. This includes vehicles that are removed from the operators licence;
To ensure that vehicle payloads notifications are correct, height indicators are fitted and correct and tachograph calibrations are up to date and displayed;
To ensure that there are current and valid annual MOT certificates and certificates of insurance indemnifying all company cars, commercial vehicles and plant;

Vehicles – Management

To keep vehicles and trailers in a fit and roadworthy condition and, where they are not, to take them out of service;
To ensure recorded defects are adequately recorded and repaired promptly and all written driver defect reports and evidence of rectification are retained for a minimum of 15 months;
To ensure that vehicles and towed equipment are made available for safety inspections, service, repair and statutory testing;
To ensure that safety inspections and other statutory testing is carried out within the O-Licence maintenance intervals (ISO weeks) and records of all safety inspections and rectification work are retained for a minimum of 15 months;
To liaise with maintenance contractors, manufacturers, hire companies and dealers, as might be appropriate and to make certain that vehicles and trailers are serviced in accordance with manufacturer recommendations;

External Transport Manager

Not to act as a transport manager for more than 4 operators or be responsible for more than 50 vehicles or such smaller number as the Traffic Commissioner may consider appropriate;
Renew CPC Transport Manager Qualification as per guidelines.