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Guidance
Goods vehicle operator licensing guide
Overview of the vehicle operator licensing system.
From:
Published
Last updated
Traffic Commissioners for Great Britain
(/government/organisations/traffic-commissioners)
12 July 2022
17 November 2023 —
Applies to England, Scotland and Wales Related content
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Contents
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This guide gives an overview of how the licensing system works for
operators of goods vehicles.
For further information on operator licensing please visit the Being a goods
vehicle operator (https://www.gov.uk/being-a-goods-vehicle-operator) guide.
New rules for transporting goods in vans in Europe
From 21 May 2022, you need a goods vehicle operator’s licence and a
transport manager to transport goods in vans in Europe for hire or
reward.
This applies to businesses of every size, including sole traders.
Vehicle operator licence application
processing times
(/government/publications/vehicleoperator-licence-application-processingtimes)
Report a lorry, bus or coach driver
or company (/guidance/report-a-lorrybus-or-coach-driver-or-company)
Traffic Commissioner HGV
Applications and Decisions
(/government/collections/trafficcommissioner-applications-anddecisions)
Traffic commissioners: transport
managers
(/government/publications/trafficcommissioners-transport-managersnovember-2018)
Collection
Key Traffic Commissioner
Resources
(/government/collections/key-trafficcommissioner-resources)
— Introduction
— Overview of Operator Licensing
— Requirements to hold an operator’s licence
— Applying for a licence
— Managing a licence
— Transport Managers
— Annex 1 - Further Information
— Annex 2 - Traffic Areas and Office Addresses
— Annex 3 - Exemptions
— Annex 4 - Relevant Convictions
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Find out how to get ready for the new rules
(https://www.gov.uk/guidance/transport-goods-in-and-out-of-the-uk-using-vansor-car-and-trailers-from-21-may-2022).
Introduction
This guide provides advice to operators of goods vehicles and trailers on
how the operator licensing system works. It is intended to help both new
and existing operators understand the requirements of the operator
licensing system.
It is intended to give a summary of operator licensing and to direct users to
where further advice may be available.
If you are a new operator, you will find this guide useful to understand the
operator licensing procedures and the requirements you will have to meet to
hold a licence. Experienced and established operators may find it useful as
a refresher and to develop your understanding of operator licensing.
It is not a legal document. Neither the Traffic Commissioners for Great
Britain nor the Department for Transport can provide specific legal advice to
operators. If you are unsure as to whether you are compliant with the law,
you should seek independent and informed legal advice.
This guide is concerned with goods vehicle operator licensing only. You can
find guidance on Public Service Vehicles in the PSV Operator Licensing
guide for operators (https://www.gov.uk/guidance/public-service-vehicle-operatorlicensing-guide).
Purpose of Operator Licensing
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The main purpose of goods vehicle operator licensing is to ensure the safe
and proper use of goods vehicles, ensure fair competition through a
consistent application of the rules, and to protect the environment around
operating centres. The main licensing provisions can be found in the Goods
Vehicles (Licensing of Operators) Act 1995, the Goods Vehicles (Licensing
of Operators) Regulations 1995, and the Goods Vehicles (Licensing of
Operators) (Fees) Regulations 1995.
Role of the Traffic Commissioners for Great Britain and the Senior
Traffic Commissioner
Traffic commissioners are the regulators of the road transport industry in
Great Britain. Traffic commissioners are appointed by the Secretary of State
for Transport but act independently from Government and the enforcement
agencies, for example, the Driver and Vehicle Standards Agency.
Their function is to ensure that only safe and reliable operators of goods and
passenger vehicles are permitted to be licensed. Further information can be
found on the Traffic Commissioners for Great Britain’s website
(https://www.gov.uk/government/organisations/traffic-commissioners).
For the purposes of operator licensing, Great Britain is divided into eight
traffic areas. A traffic commissioner is deployed by the Senior Traffic
Commissioner to be responsible for a specific traffic area.
They will consider and grant a licence based on the undertakings given by
the applicant, and they are entitled to expect the operator to comply with
those undertakings during the life of the licence. Traffic commissioners may
take regulatory action against an operator if they fail to comply - where they
may revoke, suspend or curtail an operator’s licence.
The Senior Traffic Commissioner is appointed with legal powers to deploy
traffic commissioners and to provide statutory guidance and statutory
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directions to traffic commissioners on how they should approach their
functions. This helps to ensure a consistency of approach and provides
useful advice for other service users.
These documents will be referenced throughout this guide as the Senior
Traffic Commissioner’s Statutory Documents which are uploaded on the
Traffic Commissioners’ website
(https://www.gov.uk/government/collections/senior-traffic-commissioners-statutoryguidance-and-statutory-directions).
Traffic commissioners are supported in their functions by Deputy Traffic
Commissioners. Deputy Traffic Commissioners are deployed for the days
they are required. They are not full-time appointments.
Administrative support to the traffic commissioners is provided by staff
based in the Office of the Traffic Commissioner. Staff are either based in the
Licensing Team in Leeds or in the Compliance Team which is based in eight
regional locations. These staff provide support for the tribunal function
undertaken by the traffic commissioners.
Applications for a vehicle operator licence can be made through Vehicle
Operator Licensing self service (https://www.vehicle-operatorlicensing.service.gov.uk/auth/login).
Role of the Driver and Vehicle Standards Agency (DVSA)
The Driver and Vehicle Standards Agency is responsible for ensuring that
operators of goods and passenger vehicles are compliant with legislation
relating to matters including drivers’ hours, roadworthiness, operator
licensing and the safe loading of vehicles.
More information on the Driver and Vehicle Standards Agency can be found
on the DVSA website (https://www.gov.uk/government/organisations/driver-and-
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vehicle-standards-agency).
Role of the Department for Transport (DfT)
The Secretary of State for Transport is responsible for determining the legal
requirements of operator licensing, establishing the roles and
responsibilities of the traffic commissioners and DVSA. Traffic
commissioners are independent of Government.
More information on the Department for Transport can be found on the DfT
website (https://www.gov.uk/government/organisations/department-for-transport).
Return to Contents
Overview of Operator Licensing
When a goods vehicle operator’s licence is needed
You will usually need a goods vehicle operator’s licence if you use a goods
vehicle of over 3.5 tonnes gross plated weight or (where there is no plated
weight) an unladen weight of more than 1,525kg, to transport goods for hire
or reward or in connection with a trade or business.
You will also need a licence if you carry goods for hire or reward on
international journeys when using a vehicle (or a vehicle combination) with a
maximum laden weight of more than 2.5 tonnes. Find out how to get ready
for the new rules (https://www.gov.uk/guidance/transport-goods-in-and-out-of-theuk-using-vans-or-car-and-trailers-from-21-may-2022).
For a vehicle and trailer combination, you will usually need a goods vehicle
operator’s licence if the maximum laden weight or unladen weight
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(https://www.gov.uk/vehicle-weights-explained) of the vehicle and trailer
combined exceed 3.5 tonnes (or 2.5 tonnes if carrying goods for hire or
reward in Europe).
If you only carry your own goods in a vehicle of 3.5 tonnes or less and your
trailer’s unladen weight is less than 1,020 kg you may not need an
operator’s licence for operating within the United Kingdom.
For the purpose of operator licensing, ‘goods’ means burden of any
description. For example, a tractor unit is a goods vehicle and where a unit
is conveying empty trailers to and from the testing station, it would be
regarded as the carriage of goods. In this case the ‘goods’ are the trailers.
Exemptions from goods vehicle operator licensing
Some vehicles (or usage) are exempt from requiring an operator’s licence.
The full list of exemptions can be found at Annex 3.
These exemptions cover national journeys only. Operators travelling
internationally should check the laws in the country to which they are
travelling to make sure they have the appropriate licence/documentation
(https://www.gov.uk/guidance/vehicle-documents-required-for-international-roadhaulage) for their journey.
Any use of a vehicle which relies on an exemption, must fall exclusively
within that exemption. Any operation outside of an exemption requires an
operator’s licence no matter how short the period.
It is your responsibility to ensure that an exemption applies to your operation
or vehicle.
Types of goods vehicle operator’s licence
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There are three types of goods vehicle operator’s licences. The type of
licence required will depend on the use of the vehicle.
The different types of licence are:
Standard international licence
A standard international licence allows you to carry your own goods, and
goods for other people for hire or reward, both in the United Kingdom and
on international journeys. Operators who are issued with standard
international licences will also receive a UK Licence for the Community
(https://www.gov.uk/guidance/uk-licence-for-the-community-for-international-roadhaulage). These are required for all hire or reward operations in, or through
EU countries and are documents required to be carried on the vehicle when
abroad.
You should also check if you need any separate international road haulage
permits (https://www.gov.uk/guidance/international-authorisations-and-permits-forroad-haulage).
Standard national licence
A standard national licence allows you to carry your own goods on your own
account in the United Kingdom or abroad, or other people’s goods for hire or
reward only in the United Kingdom.
Restricted licence
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A restricted licence only usually allows you to carry your own goods within
the United Kingdom and the EU. Where the operator only carries goods that
are, or become and then remain, the operator’s own property, a restricted
licence is likely to be appropriate. It is important to consider the purpose of
the operation. For example, the recovery of vehicles does not include the
return of that vehicle once it has been repaired.
Correct licence type
A restricted licence is only appropriate for the carriage of the operator’s own
goods (i.e. the goods are the property of the business or, in the case of a
company that entity or its parent or subsidiary) and on their own account.
Determining the correct type of licence might be a question of fact and
degree, but if you answer yes to the following questions, it is likely to
suggest that the operation is likely to require a standard licence:
is the transport of the goods a predominant part of the service provided?
does the operator hold, and rely on when carrying those goods, a type of
insurance policy that covers carriage of goods for reward?
does the carrying result in payment, direct or indirect, which benefits the
owner or user of the vehicle?
Classes of vehicles authorised
Goods vehicle operator’s licences can authorise the use of different classes
of vehicles (or combination of vehicles and trailers).
A licence authorising the use of vehicles or combinations over 3.5 tonnes is
called a ‘heavy goods vehicle licence’. This also applies for licences that
authorise a mixture of heavy goods vehicles and light goods vehicles.
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A licence that only authorise vehicles 3.5 tonnes or less is called a ‘light
goods vehicle licence’.
Who can hold an operator’s licence?
The licence should be applied for in the name of the person, company or
partnership that is the ‘user’ of the vehicle. You will be considered to be the
user of the vehicle if:
you are the driver and owner of the vehicle; or
it is in your lawful possession under an agreement for hire, hire purchase
or loan; or
the driver is your employee or agent (i.e. you pay them to drive the
vehicle for you).
Other organisations may hold a licence e.g. local authorities and charities.
Further details can be found in the Senior Traffic Commissioner’s Statutory
Document on legal entities (https://www.gov.uk/government/publications/trafficcommissioners-legal-entities-november-2018).
Rules relating to holding companies and subsidiaries
If a holding company is applying for an operator’s licence, it can include the
vehicles of any named subsidiary of which it owns more than 50%.
If a licence is granted in the name of a holding company and that company
later acquires a subsidiary, the subsidiary’s vehicles can be added to the
holding company’s licence.
Adding these vehicles to the licence may involve a change in the holding
company’s licence and the Office of the Traffic Commissioner
(https://www.gov.uk/government/organisations/traffic-commissioners/about/access-
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and-opening) should be contacted for advice. An application will have to be
made to a traffic commissioner if an increase in authorisation is needed to
accommodate these vehicles.
Return to Contents
Requirements to hold an operator’s licence
Requirements for all licence holders
All applicants and holders of an operator’s licence (both standard and
restricted) must:
Be fit to hold a licence, taking into account any relevant
convictions and activities
In addition to relevant convictions, fitness is the ability of the applicant to
obey all the rules and to comply with the requirements of an operator’s
licence, including any undertakings or conditions.
Have sufficient financial resources or to be of the appropriate
financial standing
This is required to ensure you have enough money to maintain vehicles in a
fit and serviceable condition which is not undermined by the lack of finance
available. The resources required are set out below
Rates for standard international licences from 1 January 2021
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Vehicle Goods vehicles (GVs)
First vehicle £8,000 for the first heavy goods vehicle or £1,600 for the
first light goods vehicle if no heavy goods vehicles
operated
Each additional
vehicle
£4,500 for each heavy goods vehicle and £800 for each
light goods vehicle
Rates for standard national licences from 1 January 2021
Vehicle Goods vehicles (GVs)
First vehicle £8,000
Each additional vehicle £4,500
Rates for restricted licences from 1 January 2021
Vehicle Goods vehicles (GVs)
First vehicle £3,100
Each additional vehicle £1,700
More details can be found in the Senior Traffic Commissioner’s Statutory
Document on finance (https://www.gov.uk/government/publications/trafficcommissioners-finance-march-2019).
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Financial standing is not a fee that must be paid for a licence, it is resources
that must be available for the duration of the licence. You can further find
information on fees for goods vehicle licences (https://www.gov.uk/being-agoods-vehicle-operator/fees-for-goods-vehicle-licences).
Have satisfactory facilities and arrangements for maintaining
vehicles (https://www.gov.uk/being-a-goods-vehicle-operator/maintainingyour-vehicles) in a fit and serviceable condition
You must satisfy a traffic commissioner that your vehicles will be kept in a fit
and serviceable condition at all times.
A traffic commissioner may ask to see copies of any maintenance contracts
or letters from a garage if you do not do this work yourself.
You can find full advice about the requirements for maintenance
arrangements in The Guide to Maintaining Roadworthiness
(https://www.gov.uk/government/publications/guide-to-maintaining-roadworthiness).
Ability to obey all the rules
You will need to show a traffic commissioner that you, and for standard
licences your transport manager(s), have adequate systems in place to
make sure you and your staff are able to obey all the rules, particularly
covering:
Satisfactory arrangements for securing compliance with drivers’
hours rules (https://www.gov.uk/government/collections/drivers-hoursrules-and-guidance)
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Satisfactory arrangements for ensuring vehicles are not
overloaded (https://www.gov.uk/government/publications/hgvoverloading-the-basics)
Ensure drivers (https://www.gov.uk/being-a-goods-vehicleoperator/employing-or-using-drivers) have the correct licence and
training to drive goods vehicle;
Requirement for heavy goods vehicle licences
For heavy goods vehicle licences, specify a suitable operating
centre (https://www.gov.uk/being-a-goods-vehicle-operator/operatingcentres) at which there is sufficient capacity for heavy goods
vehicles used under the licence
Holders of heavy goods vehicle licences are required to specify an
operating centre(s) at which vehicles will usually be kept when not in use. To
specify an operating centre you are required to advertise your intentions and
applications are open to opposition, see section on operating centres for
more details.
Holders of light goods vehicle licences are not required to specify an
operating centre.
Additional requirements for standard licence holders
Operators who hold or apply for a standard licence must satisfy the traffic
commissioner that they meet the following requirements.
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Effective and stable establishment
This means you must have premises in which you keep your core business
documents (i.e. personnel, driving and vehicle maintenance records).
Therefore, a PO Box or third-party address cannot be used as a
correspondence address.
More details can be found in the Senior Traffic Commissioner’s Statutory
Document on stable establishment
(https://www.gov.uk/government/publications/traffic-commissioners-operatingcentres-stable-establishments-and-addresses-for-service-november-2018).
Good repute
Good repute refers to the conduct and fitness of the applicant or licence
holder. This includes relevant convictions and fixed penalty notices that the
operator or any of their employees have had in the last five years. A traffic
commissioner may also take into account any other matters that affect an
operator’s good repute, including those brought up by anyone objecting to
an application. If an operator does not disclose convictions during the
application or notify the traffic commissioner of any convictions incurred
after a licence has been issued, a traffic commissioner may consider taking
action against the licence.
More details can be found in the Senior Traffic Commissioner’s Statutory
Document on good repute (https://www.gov.uk/government/publications/trafficcommissioners-good-repute-and-fitness-march-2019).
Financial standing
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In addition to having the appropriate financial resources, an applicant for a
standard licence needs to demonstrate they are of the appropriate financial
standing. This is to assure the traffic commissioner that there is enough
money to run the business properly.
The indication of funds can be demonstrated in different ways e.g. in the
form of a bank or building society balance and/or an overdraft facility.
You are required to demonstrate you have access to the required level of
reserves relevant to the type of licence applied for as set out above.
More details can be found in the Senior Traffic Commissioner’s Statutory
Document on finance (https://www.gov.uk/government/publications/trafficcommissioners-finance-march-2019).
Professional competence
The operator must meet the requirements of professional competence. This
can be satisfied by the operator holding a Certificate of Professional
Competence in road haulage operations or equivalent qualification.
Alternatively, an operator may nominate an employee or contractor who
holds such a qualification. The professionally competent person is
commonly referred to as a transport manager. This person is responsible for
continuously and effectively managing the transport operations.
More details can be found in the Senior Traffic Commissioner’s Statutory
Document on transport managers
(https://www.gov.uk/government/publications/traffic-commissioners-transportmanagers-november-2018), with further information on how to become a
transport manager (https://www.gov.uk/become-transport-manager).
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Further details on the requirements when applying for a licence are provided
in section on Applying for a licence.
Return to Contents
Applying for a licence
When to apply
You should apply for a licence at least nine weeks before the date you need
it. This allows time for the necessary checks to be made. In straightforward
cases, a licence is usually issued within nine weeks, but it can take longer.
It is illegal to operate your vehicle before a licence (or interim licence) is
issued. If you do, you could be liable to prosecution and your vehicle could
be impounded.
How to apply
You can apply for goods vehicle operator’s licence online. You should
submit all documentation with your application. The application process and
further details can be accessed through the Vehicle Operator Licensing
system (https://www.gov.uk/apply-vehicle-operator-licence).
You can apply for a light goods vehicle operator’s licence using the Vehicle
Operator Licensing system (https://www.gov.uk/apply-vehicle-operator-licence)
using further guidance on how to Apply for a van or other light goods vehicle
operator licence (https://www.gov.uk/guidance/apply-for-a-van-or-other-light-goodsvehicle-operator-licence).
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If you need help using the online process, you should contact the Licensing
Office:
02045518711
Notifications@vehicle-operator-licensing.service.gov.uk
Vehicle authorisation and margins
A licence authorises the holder to use a maximum number of vehicles and, if
applicable, trailers. The number of vehicles and trailers applied for should
include the number required for use on grant of the licence as well as any
extra to cover an increase in business or emergencies such as breakdowns.
If you tow trailers you must have authority to operate these under your
licence whether you own them or not. Trailers must be maintained in line
with the stated maintenance interval in a roadworthy condition.
If you are operating LGVs internationally for hire or reward, these also need
to be included within your licence authorisation limits. If you operate LGVs,
but not internationally, they do not have to be included within your
authorisation unless they are part of a vehicle combination over 3.5 tonnes.
The margin is the number of vehicles authorised minus the number of
vehicles in possession. For example: the licence specifies the use of 10
motor vehicles and 10 trailers. There are six motor vehicles and six trailers
specified on the licence (for which vehicle-specific discs have been sent).
The margin is therefore four motor vehicles and four trailers.
Interim licences
If you need to start operating whilst your application is being determined,
you should apply for an interim licence by completing the relevant section in
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the ‘Review and declaration’ stage of the process.
Please note that you will not be granted an interim licence unless your
application is complete and meets all the requirements.
A traffic commissioner may consider granting an interim licence to allow
time for you to provide further evidence to support your application. The
licence may be granted with a specified expiry date to allow you time to
provide this information.
The interim licences will expire when either:
at the date specified where the interim is granted to allow you time to
provide further evidence; or
the full licence is granted; or
the application for a full licence is either withdrawn or refused.
If an interim licence is granted, you will be sent a vehicle identity disc that
you should display on the windscreen of the relevant vehicle.
Ability to obey all the rules
You will need to show a traffic commissioner that you and – for standard
licences – your transport manager(s) - have adequate systems in place to
make sure you and your staff are able to obey all the rules, particularly
covering:
speed limits
driver obligations
driver licensing/driver CPC
drivers’ hours rules and the Working Time Directive
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taxation and insurance of vehicles
authorised weights
This means having management structures, monitoring and reporting
systems in place that you can use to show a traffic commissioner the extent
to which there has been and will be compliance.
You should ensure that vehicles and trailers operated under your licence are
kept in a roadworthy condition and keep records for each vehicle to prove
this. If a vehicle is off the road, there should be a formal record kept of this
fact.
Operating centres
Your operating centre should provide sufficient off street parking for all your
heavy goods vehicles and trailers.
When you apply for a heavy goods vehicle licence, you will be asked to list
your proposed operating centres and provide information about the vehicles
you intend to keep there. You will need to satisfy a traffic commissioner that
your operating centres are suitable, for example that they will:
be big enough
have safe access
be in an environmentally acceptable location
If you do not own the operating centre, you may be asked to provide
evidence that you are entitled to use it.
Advertising
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An operating centre is the place where you normally park your vehicles
when they are not in use. If your application is for several operating centres,
you may have to advertise in several different newspapers to make sure you
cover all the areas. An applicant for a heavy goods vehicle licence must
advertise the application in a local newspaper that circulates in the locality
of the proposed operating centre. If you only operate light goods vehicles
there is no requirement to advertise. If you operate both heavy goods
vehicles and light goods vehicles, you only need to advertise in respect of
the heavy goods vehicles.
Why an applicant needs to advertise
Advertising an application gives anyone who owns or occupies a building or
land in the area surrounding the proposed operating centre a chance to
raise any concerns or oppose the application.
There are also certain bodies, such as police and local authorities, that are
able to make a statutory objection to an application.
Getting advertisement timings right
The advertisement must be big enough to be easily read and must appear
at least once within the period of 21 days before to 21 days after an
application is submitted.
An advert template is available online as part of the process for applying for
a new application, if you are at all unsure of the correct format of your advert
then please ensure you follow the link online.
The newspaper used must circulate in the vicinity of the operating centre
being applied for and the advertisement should be placed in a publication in
which other statutory notices (e.g. planning applications) are routinely
advertised.
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The date of receipt of an application and the date of publication of the
advertisement must not be more than 21 days of one another. If they are,
the application will be ruled ‘out of time’ and the applicant will need to readvertise or reapply. (For example, an application received on 1 June must
be advertised between 11 May and 22 June).
If you are placing advertisements in several different newspapers, each
advertisement must appear within the period 21 days before or after the
Office of the Traffic Commissioner receives an application.
When the advertisement is published, you should upload a copy of it
immediately as part of the application process. This will reduce the risk of
the application being ruled ‘out of time’.
The whole page of the newspaper (containing the name of the newspaper
and the date) should be uploaded showing your advertisement. This will
allow the Office of the Traffic Commissioner to check that that the
application is advertised correctly.
Things to remember when advertising an application
If the application is not advertised correctly it cannot be considered.
The applicant should check the following:
the numbers of heavy goods vehicles and trailers applied for online (at
each operating centre applied for) are the same as those shown in the
advertisement for the centre
the address of the operating centre is correct in the newspaper
advertisement and is the same as the one given on the Vehicle Operator
Licensing system
the correct postcode has been included for both the correspondence
address and the operating centre(s) in the advertisement
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the address for correspondence given in the advertisement is correct
Applications & Decisions – statutory objections
Details of the application will also be published in ‘Applications and
Decisions’. This is a publication that provides notification of applications for
new operators’ licences and variations to existing licences.
Applications and Decisions is sent to various organisations, including local
authorities, the police and industry associations, all of which have a
statutory right to object to your application within 21 days of the publication.
Objections can be on the grounds that the operating centre is not suitable,
or due to concerns regarding your ability to meet the requirements to hold a
licence.
The publication is also available on the Traffic Commissioners’ website
(https://www.gov.uk/government/collections/traffic-commissioner-applications-anddecisions).
Opposition to the operating centre or operator
Sometimes, one of the statutory objectors will oppose the proposed licence.
More information is contained in the Guide to making representations,
objections and complaints (https://www.gov.uk/government/publications/a-guideto-making-representations-objections-and-complaints-goods-vehicle-operatorlicensing).
If opposition is received the traffic commissioner will consider this as part of
the application process.
In deciding environmental suitability, a traffic commissioner must, by law,
take into account the following factors:
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the effect (or potential harm) that granting an application would have on
the nature and the use of any other land in the vicinity of the operating
centre
any planning permission (or planning application) relating to the operating
centre or the land in its vicinity (if the land has not previously been used
as an operating centre)
the number, type and size of the authorised vehicles that will use the
operating centre
the parking arrangements for the authorised vehicles that will use the
operating centre
the effect that the nature and times of these activities may have on
residents living in the vicinity of that operating centre
the nature and times of use of the equipment at the operating centre
how many vehicles would be entering and leaving the operating centre,
and how often
To prevent or minimise adverse affects on the environment, a traffic
commissioner may attach conditions to a licence. These could include:
the number, type and size of authorised vehicles (including trailers) at the
operating centre for maintenance or parking
parking arrangements for the authorised vehicles (including trailers) at the
operating centre or in its vicinity
the times when the operating centre may be used for maintenance or
movement of authorised vehicles
how authorised vehicles enter and leave the operating centre
Planning Permission
You will also need to make sure that your proposed operating centre meets
the requirements of planning law. If you are unsure about the planning
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position of your site, you should consult your local planning authority.
Authorisation under an operator’s licence does not convey any approval
under planning law, and likewise approval under planning law is not a precondition for the granting of an operator’s licence.
Established operating centres
There are safeguards for established operating centres. In certain
circumstances a traffic commissioner may not refuse an application on
environmental grounds (other than for parking). If any of the operating
centres you propose to use are currently on another operator’s licence and
are being transferred to your licence, then these provisions may apply to
you.
Established operating centres are also subject to review by the traffic
commissioner. However, there are restrictions on action that can be taken
against operating centres at the time of review.
Special provision for the transfer of operating centres
There are some circumstances where you may not need to advertise your
application for a licence (or variation to an existing one) for example if you
are simply transferring an operating centre, currently on another operator’s
licence, to your licence.
This is provided that:
the other operator is giving up use of that operating centre
you are prepared to use it on the same terms as the existing licence
holder (i.e. the same number of vehicles/trailers and any conditions or
undertakings attached to the site).
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This is provided for under Schedule 4 to the Goods Vehicles (Licensing of
Operators) Act 1995, subject to the following conditions:
the operating centre(s) being transferred must be specified on a current
and valid licence (but not on more than one – see below) on the date the
application is made, and the operating centre(s) will be removed from that
licence when the application is granted
the application may only authorise up to the total number of vehicles
already specified at the operating centre(s) of the ‘donor’ licence
any conditions that apply to the operating centre(s) concerned are
transferred with it, and any undertakings must be repeated by the new
operator. Conditions and undertakings cannot be amended at the time of
application
Approval of Schedule 4 will be at the discretion of a traffic commissioner.
For example, where an address has a history of objections and
representations, a traffic commissioner may not agree to Schedule 4
transfer.
Complete a Schedule 4 operating centre transfer
(https://www.gov.uk/government/publications/transfer-of-operating-centres-schedule4-gv72).
Traffic Commissioner determinations
A traffic commissioner will assess an application on the information
presented. In some cases, for example, if there are concerns regarding
suitability of the application or operating centre the traffic commissioner may
decide to hold a hearing before deciding on the application.
More details can be found in the Guide to public inquiries
(https://www.gov.uk/government/publications/a-guide-to-public-inquiries).
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Refusal of an application and the right of appeal
Your right of appeal
The letter advising you on the traffic commissioner’s final decision will set
out how to appeal and should give reasons for the decision. If an application
is refused or a licence is granted with conditions that you think are
unjustified, you have a right of appeal to the Administrative Appeals
Chamber of the Upper Tribunal, (‘the Tribunal’). Details are available from
the Tribunal’s website (https://www.gov.uk/courts-tribunals/upper-tribunaladministrative-appeals-chamber).
The Tribunal may hold a hearing to determine an appeal. If the appeal is
successful, it may order a traffic commissioner to grant you a licence or
change the conditions on it. Alternatively, the Tribunal may refer an
application back to a traffic commissioner for reconsideration.
Appeals against the grant of a licence
Where a statutory objector (e.g. the police or the local authority) objects to
an application, they can appeal to the Tribunal against a traffic
commissioner’s decision to grant you a licence. Nobody else has right of
appeal.
If local representors wish to appeal against the granting of the licence, the
only course of action open to them is to seek a judicial review.
Licence documents
Once your application for a licence has been granted and the fee received,
your operator’s licence and (if you have specified a vehicle) vehicle-specific
discs will be sent to you.
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The licence will include:
the operator’s name
the type of licence
the maximum number of vehicles you can operate under it
the number of vehicles/trailers that have been authorised
any conditions attached to the licence
any undertakings that are relevant to the granting of the licence
If you provide the traffic commissioner with a vehicle registration mark, an
identity disc for each specified vehicle will be sent. Each disc will show the
licence type, the licence holder’s name and number, the vehicle registration
mark and the date the disc expires.
Once a vehicle has been specified it must not be used until the identity disc
is displayed:
on the near side and near the lower edge of the windscreen with the front
side facing forwards on vehicles fitted with a front windscreen; or
in a conspicuous position on the front or near side of the vehicle which
are not fitted with a front windscreen.
If vehicle discs are lost or stolen, the traffic commissioner must be informed
immediately in writing so that a replacement can be issued. If the writing on
the disc has faded or the disc has been damaged, a replacement disc can
be issued by logging into your Vehicle Operator Licensing self service
account (https://www.vehicle-operator-licensing.service.gov.uk/auth/login) and then
choosing ‘reprint vehicle disc’ within the ‘vehicles’ menu.
Duration of a licence
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A licence remains in force unless the holder:
operates outside the terms of the licence and a traffic commissioner takes
regulatory action; or
surrenders it; or
fails to pay the required fees in time to continue the licence.
Every five years a licence must be continued through payment of a fee and
confirming details of the operation to the traffic commissioner.
Certain changes to a business may require the operator to apply for a new
licence.
Return to Contents
Managing a licence
Introduction
Licence holders have an obligation to advise a traffic commissioner of
relevant changes that affect the operator’s licence within 28 days. This
includes:
any change in legal entity in your business, for example:
if you change from being a sole trader or partnership into a limited
company; or
if the structure of a limited company changes, resulting in a change of
registered company number; or
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material change in the company such as a change of name, directors,
shareholding or controlling interest.
if any of the people named on the licence dies
if the company, or any of the people involved in the management of the
company faces personal or company bankruptcy, liquidation or a similar
situation
if a relevant person (for example the licence holder) becomes sectioned
under the Mental Health Act, or; (in Scotland), when a representative has
been appointed by a court for the reason of the mental incapacity of that
person
change of transport manager(s)
any change of partners within a partnership firm. In some cases, you may
need to apply for a new licence
any relevant convictions or accepted fixed penalties of yourself, your
transport manager, officers, employees or agents
any change in the address for correspondence that you gave on your
original application
any change in the address of your operating centre(s)
any other changes that a traffic commissioner may have required you to
report as a condition of granting your licence
Changes can be made either through your Vehicle Operator Licensing self
service account (https://www.vehicle-operator-licensing.service.gov.uk/auth/login)
or in writing to the Office of the Traffic Commissioner
(https://www.gov.uk/government/organisations/traffic-commissioners/about/accessand-opening).
Some changes may incur a fee. These are known as ‘Chargeable
Variations’.
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Any failure to notify a traffic commissioner of a relevant change may lead to
regulatory action being taken against you and the operator’s licence.
Goods vehicle operators’ licences are not transferable. Therefore, it is
against the law to operate as a new or different entity without informing a
traffic commissioner. A new licence for the new entity must be obtained
before operating.
Making changes to a licence
Chargeable variations
You will need to make a chargeable variation to your licence if you wish to:
increase your overall vehicle or trailer authorisation
increase vehicle or trailer authorisation at an operating centre
add a new operating centre to your licence
change conditions attached to an operating centre
To do this, you must apply online and pay the application fee. This must be
done through your Vehicle Operator Licensing self service account
(https://www.vehicle-operator-licensing.service.gov.uk/auth/login) at least nine
weeks before you need the extra vehicles, or you change your operating
centre.
Neither additional vehicles nor additional operating centres can be used
until the application has been granted and the varied licence issued, unless
an interim direction has been applied for and granted.
If your new operating centre is in a different traffic area, you will need to
apply for a new licence in that traffic area.
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For further information on fees for goods vehicle licences
(https://www.gov.uk/being-a-goods-vehicle-operator/fees-for-goods-vehiclelicences).
As with an application for a new licence, a traffic commissioner will publish
details of your variation application in the publication Applications and
Decisions and you must also advertise the application in a newspaper
circulating in the vicinity of your operating centre. If you are only using
vehicles (or vehicle combinations) that do not exceed 3.5 tonnes you do not
need to advertise the intention.
Applying for interim authority for operation within nine weeks
If you need to use your new vehicles or operating centre within nine weeks,
you should request an interim authority (known as an interim direction) as
part of your application.
If your application is complete, a traffic commissioner may grant an interim
direction that will allow you to operate in the way you have applied for while
your application to vary your licence is being considered.
If you wish to apply for an interim direction, you should request this as part
of the application process in the ‘Review and declaration’ section when you
submit your application.
A fee will be charged for the grant of an interim. If the interim direction is
given for an increase in authorisation or a new operating centre, amended
documents will be issued.
Interim directions expire:
at the date specified where the interim is granted to allow you time to
provide further evidence; or
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when the application is granted; or
when the application is either withdrawn or refused.
If the application to vary your licence is refused, you have the same right of
appeal to the Administrative Appeals Chamber of the Upper Tribunal ‘the
Tribunal’ as you would do with an initial application. See above section on
appeals.
‘Non-chargeable’ variations
Removing an operating centre
If you wish to remove an operating centre from your licence then providing
you still have at least one operating centre remaining then you can do so
without charge.
Upgrading the type of licence
If required, you can change the licence you hold, for example, from a
restricted to a standard national licence, or from a standard national to
standard international licence. To do this you must apply online at least nine
weeks before you require the change to happen.
As before, proof of professional competence, good repute and financial
standing will have to be provided if you want to change to a standard
national or standard international licence.
A traffic commissioner must publish applications to upgrade licences (e.g.
those from restricted to standard) in Applications and Decisions. This will
enable your application to be open to objection by statutory objectors (i.e.
those that have a right in law to do so - such as local authorities and the
police).
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However, you do not have to advertise these applications in a local
newspaper, even though they are variations to your licence. This is not the
case if you hold a LGV operator’s licence and wish to operate vehicles or
combinations over 3.5 tonnes. In this case an advert would be required to
specify an operating centre on the licence.
If the changes you request are granted, you will not be charged a fee, but all
your licence documents and vehicle discs have to be returned so that your
documents can be amended.
The change in licence type does not take effect until the application has
been granted and the varied licence issued, unless an interim direction has
been granted.
Vehicle changes
When your licence is first issued, it will specify the maximum number of
motor vehicles and trailers that can be operated under the licence, you can
only add additional vehicles up to that maximum. Additional vehicles can be
specified on a licence at any time by recording their registration number on
the vehicle operator licence system (https://www.gov.uk/manage-vehicleoperator-licence). If you do not have a margin this must be done immediately.
If you do have a margin this must be done within one month of the vehicle
coming into your possession.
Adding or removing vehicles does not incur a charge. Discs for added
vehicles will also be sent to you.
Complaints about an operating centre and reviews
Anyone can complain, at any time, about the suitability of an operating
centre after it has been specified on your licence. A traffic commissioner
then has the opportunity to review those centres at five-year intervals.
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If a traffic commissioner does decide to review your operating centre(s),
they may impose or change conditions on your licence for road safety or
environmental reasons. They may also remove an operating centre
altogether.
However, you will be given the opportunity to make representations about
the effect that any new conditions would have on your business, before
steps are taken to impose those conditions.
More information is contained in the Guide to making representations,
objections and complaints (https://www.gov.uk/government/publications/a-guideto-making-representations-objections-and-complaints-goods-vehicle-operatorlicensing).
Compliance
Reasons for taking action
If an operator or transport manager does not follow the rules, a traffic
commissioner may take action against the licence or individuals if noncompliance is identified, for example:
you no longer meet the requirements of good repute or financial standing
in the case of a standard licence, or fitness to hold a licence and
availability of financial resources in the case of a restricted one
you (or another person associated with the licence) have been convicted
of certain offences (see Annex 4)
in the case of a standard licence, there is no longer a professionally
competent person nominated on the licence (see Transport Managers)
you make a false statement to get a licence, or have not kept to an
agreement you made when you applied for your licence
you have broken a condition or not kept an undertaking on your licence
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vehicles or trailers operated under your licence have not been maintained
in a safe and roadworthy condition
rules surrounding the safe operation of vehicles and drivers’ hours
regulations have not been adhered to
there has been a change of circumstances that affects your suitability as
an operator
There may be other reasons a traffic commissioner takes action against a
licence.
The traffic commissioners receive evidence from enforcement authorities,
usually the Driver and Vehicle Standards Agency. Where appropriate, they
will call a public inquiry (https://www.gov.uk/government/publications/a-guide-topublic-inquiries) to determine what course of action to take.
Action a traffic commissioner can take
The traffic commissioner can decide to:
refuse to grant a licence
refuse to vary an existing licence
attach conditions to a licence
grant a licence allowing fewer vehicles than the number applied for
reduce the authority of a licence
suspend an existing licence
revoke a licence
disqualify an individual or a company from having a licence
disqualify transport managers
Action taken against a licence or individual may affect any future
applications made.
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Appeals
A licence holder, applicant or a transport manager who is dissatisfied with a
traffic commissioner’s decision can appeal to the Administrative Appeals
Chamber of the Upper Tribunal. The appeal form is available from the Upper
Tribunal (https://www.gov.uk/courts-tribunals/upper-tribunal-administrative-appealschamber).
The notice of appeal must be received within one month of the date on
which notice of the decision was sent to the appellant. You can apply to a
traffic commissioner to stay their decision as long as an appeal has been
lodged with the tribunal. If granted, a stay may prevent the traffic
commissioner’s decision from coming into force until the appeal is decided.
A traffic commissioner will consider whether to grant an application for a
stay as quickly as possible.
If a traffic commissioner refuses an application for a stay, then the tribunal
can reconsider that decision.
Decisions which can be appealed by holders of, or applicants for, a licence
include the following;
a decision to refuse an application for a licence
a decision to refuse a variation to a licence or to grant it in a modified
form (e.g. for fewer vehicles than applied for)
a decision to vary a licence by directing that a vehicle be removed from it
a decision to revoke, suspend or curtail a licence (or an interim licence)
a decision to attach condition(s) to a licence
a decision following a curtailment or suspension of a licence that a
particular vehicle may not be used on any licence
a decision to disqualify an individual for a period from holding or obtaining
an operator’s licence
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a decision to remove an operating centre from a licence after review of
the suitability of that operating centre
A transport manager may appeal a decision that they no longer satisfy the
requirements of good repute and/or professional competence.
There is no right of appeal to the tribunal for individuals who have made
representations against an application on environmental grounds.
Further information on appeals to the Appeals Chamber of the Upper
Tribunal can be found in the guide to public inquiries
(https://www.gov.uk/government/publications/a-guide-to-public-inquiries) or Senior
Traffic Commissioner’s Statutory Guidance on appeals
(https://www.gov.uk/government/publications/traffic-commissioners-appealsnovember-2018)
Return to Contents
Transport Managers
Further details can be found in the Senior Traffic Commissioner’s Statutory
Document on transport managers
(https://www.gov.uk/government/publications/traffic-commissioners-transportmanagers-november-2018)
Types of transport manager
There are two types of transport manager, ‘internal’ and ‘external’.
Internal transport managers
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This type of transport manager is closely connected with the operator. To
qualify, they must meet three requirements:
be resident in the UK
effectively and continuously perform their transport manager role for the
operator in question
have a genuine link to the operator, such as being a full-time or part-time
employee, director or owner for example
The same person can act as an ‘internal’, part- time employee transport
manager for more than one operator, and therefore be named on more than
one operator licence. However, in each case, the traffic commissioner would
need to be satisfied that the person had a genuine link to the operator and
satisfied the requirement of effective and continuous management, as set
out above.
External transport managers
When an operator does not:
fulfil the role of transport manager (i.e. they lack the professional
qualification and are perhaps an owner/driver or sole trader); or
employ a qualified transport manager on a full or part-time basis (i.e. the
operator does not have an ‘internal’ transport manager)
The operator may ‘hire in’ a transport manager, e.g. a consultant transport
manager under contract to an operator on a part-time basis. This is
considered to be an ‘external’ transport manager. The contract must name
the individual transport manager who will have effective and continuous
management responsibility for the transport activities of the operator and:
be of good repute and be resident in the UK
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have a contract with the operator that specifies the tasks they perform as
transport manager
only work for a maximum of 4 operators with a combined maximum total
fleet of 50 vehicles – meaning that across all four operators, they cannot
have responsibility for more than 50 vehicles
each transport manager must act solely in the interests of the operator
and independently of transport customers
Requirements
A professionally competent person (generally known as the “transport
manager”) must be nominated on a standard licence (national or
international). There is no requirement to nominate a transport manager on
a restricted licence, however, the licence holder must ensure that they have
the required knowledge to ensure compliance with all relevant legislation,
particularly the safe operation of vehicles.
This person can be the operator if qualified, or a qualified transport manager
that is employed or contracted. The person does not have to be part of your
full-time staff but must be able to demonstrate continuous and effective
responsibility for the management of the transport operations.
In order to be able to satisfactorily carry out their duties a transport manager
should:
have sufficient capacity – enough time and support to undertake the
transport manager role, which cannot be compromised by other duties
have relevant knowledge and skills – be in possession of the relevant
qualifications showing professional competence and also undertake
regular refresher training and keep abreast of key developments in the
industry
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be involved in the transport decision making processes and have a high
level of autonomy – be involved for example in the pricing of contract
bids, the setting and timing of routes and the employment of drivers and
staff. A transport manager must also be able to have the final say whether
a vehicle is allowed to go on the road
be in a position to have a real impact in a business – for example in
having control of their own budget and being able to make key decisions
The business may employ or contract more than one transport manager.
The professionally competent person must also be of good repute.
A transport manager must be resident in the UK.
How to satisfy professional competence
There are three ways professional competence can be established. These
are:
Transport Manager Certificate of Professional Competence issued by a
relevant awarding body (https://www.gov.uk/become-transportmanager/qualifying-as-a-transport-manager)
an alternative acceptable qualification or diploma – via an exemption
certificate as set out below
an ‘Acquired Rights’ certificate issued since 2011. Acquired rights may be
issued for HGV operations or LGV only operations
(https://www.gov.uk/become-transport-manager)
A person can be professionally competent for national operations only, or for
both national and international operations. If the transport manager has a
certificate of professional competence for national operations only, you may
only nominate them on a standard national licence. If they have professional
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competence for both national and international operations, you will be able
to nominate them on either type of standard licence.
Since December 2011 the national Transport Manager CPC examination
has been discontinued. All examinations are now for the international
Transport Manager CPC. Existing national Transport Manager CPCs do
however remain valid but national CPCs issued before 2011 cannot be used
on international licences.
Alternative acceptable qualifications
Standard national and standard international licences
Fellow or Member of the Institute of Logistics and Transport (formerly the
Chartered Institute of Transport in the UK) by examination or formal
accreditation in Road Freight Transport
Certificate in Transport (Road Freight) awarded by the Chartered Institute
of Logistics and Transport
Honorary Fellow, Fellow or Member of the Society of Operations
Engineers
Fellow or Associate of the Institute of the Furniture Warehousing and
Removing Industry
Fellow or Associate of the Movers Institute
Associate of the Institute of Transport Administration by examination
Standard national licences
Member of the Chartered Institute of Logistics and Transport (formerly the
Chartered Institute of Transport in the UK) by examination or formal
accreditation in Road Freight Transport
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Certificate in Transport (Road Freight) awarded by the Institute of
Logistics and Transport
Associate Member of the Society of Operations Engineers (by
examination)
General and Ordinary Certificate in Removals Management issued by the
Institute of the Furniture Warehousing and Removals Industry
National Certificate in Removals Management issued by the Movers
Institute
RSA Certificate in Road Freight Transport which specifically contains a
footnote granting exemption
Qualifying as a transport manager
You can take the Transport Manager Certificate of Professional Competence
(CPC) exam at any age and you do not need a driving licence.
To pass the Transport Manager CPC exam, you will need to know about:
the civil, commercial, social and fiscal laws on road haulage or passenger
transport
business and money management
the paperwork needed to take goods or passengers out of the UK
road haulage vehicle standards
road safety
You can pay for a training course to help you prepare for the Transport
Manager CPC exam. Search online or talk to your employer to find training
courses.
Taking the exam
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You must take an exam that’s approved by one of the organisations listed in
the guidance on qualifying as a transport manager
(https://www.gov.uk/become-transport-manager/qualifying-as-a-transport-manager).
You have to pay to take the exam. Check with the exam provider to find out
how much it will be.
The exam is in 2 parts:
multiple-choice questions
case study questions
You have to pass both parts to pass the exam.
More information can be found in the guide on qualifying as a transport
manager (https://www.gov.uk/become-transport-manager/qualifying-as-a-transportmanager)
Continuous Professional Development
Continuing Professional Development (CPD) is the term used to describe
the learning activities professionals engage in to develop and enhance their
abilities. This practice promotes learning to be conscious and proactive,
rather than passive and reactive. CPD can take many forms such as training
workshops, conferences and events, e-learning programs, best practice
techniques and ideas sharing.
A qualified transport manager is expected to keep their skills up to date
through effective CPD. If a person passed a transport manager CPC some
time ago, a traffic commissioner is likely to request evidence of CPD being
undertaken.
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The completion of a 2-day transport manager CPC refresher course, run by
either:
a trade association (Logistics UK/ RHA/ BAR/ CPT)
a professional body (IoTA/ CILT/ SOE/ IRTE)
an approved exam centre offering the relevant transport manager CPC
qualification for the type of licence held; or
a firm of solicitors (or their associated training organisation) with
significant experience with road transport regulatory and compliance
issues.
Duties of a transport manager
To demonstrate continuous and effective management of the transport
operation, a transport manager will be responsible for fulfilling the General
Responsibilities (https://www.gov.uk/government/publications/trafficcommissioners-transport-managers-november-2018/statutory-document-3-transportmanagers#generalresponsibilities) set out in the Senior Traffic Commissioner’s
Statutory Document on transport managers which includes:
Driving licences and qualifications
You’re responsible for making sure:
drivers have the appropriate licence for the vehicle they’re driving - this
includes drivers from the EU who must register their driving licence with
DVLA within 12 months of becoming resident
regular checks are carried out on the drivers’ licences
(https://www.gov.uk/view-driving-licence) (usually every 3 months)
vocational drivers have a valid Driver Certificate of Professional
Competence (CPC) card (https://www.gov.uk/driver-cpc-training)
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drivers are adequately trained and competent to operate all relevant
vehicles and equipment
you contribute to relevant training and disciplinary processes as required
Drivers’ hours and working time (https://www.gov.uk/guidance/drivershours-goods-vehicles)
Making sure drivers follow the rules. You’re responsible for making sure:
drivers follow drivers’ hours rules
drivers and mobile workers take the right number of breaks and periods of
daily and weekly rest based on the relevant regulations which apply
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
Keeping records
you must keep vehicle maintenance records for at least 15 months. You
must give traffic commissioners a copy if they ask to see these records.
You’re responsible for making sure:
tachograph calibrations are up to date and displayed
where appropriate, you 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)
you keep all drivers’ hours records for at least 12 months
you keep all working time records for at least 24 months
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Vehicles on operator licences
You must keep vehicle details up to date on the Vehicle Operator Licensing
self service account (https://www.vehicle-operatorlicensing.service.gov.uk/auth/login). If you do not make changes promptly, such
as removing vehicles that were hired, this can impact your repute as a
transport manager.
You’re responsible for making sure:
vehicles are specified on the operator licence as required
vehicles are secure (https://www.gov.uk/government/publications/securityguidance-for-goods-vehicle-operators-and-drivers) so they cannot be used by
someone without permission of the operator
there is sufficient contingency within the level of authority
Vehicle documents
You must keep vehicle maintenance records for at least 15 months. If
traffic commissioners ask to see these records, you must give them a
copy.
You’re responsible for making sure:
operator licence discs are current and displayed correctly
there are up to date certificates of insurance indemnifying company cars,
commercial vehicles and plant vehicles
drivers have the correct documents they need for international journeys
Safety checks, inspections and tests
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You’re responsible for making sure vehicles and trailers are safe to use
(roadworthy).
Planning
You’re responsible for making sure:
safety inspections (including brake tests) and other statutory testing are
carried out within the notified operator licence maintenance intervals (ISO
weeks) on both vehicles and trailers
you complete and display a maintenance planner, setting preventative
maintenance inspection dates at least 6 months in advance and including
the MOT and other testing or calibration dates
you liaise with maintenance contractors, manufacturers, hire companies
and dealers, as might be appropriate and that certain vehicles and trailers
are serviced in accordance with manufacturer recommendations
vehicles and towed equipment are available for safety inspections,
service, repair, brake tests and statutory testing
Driver daily checks and defect reports
You’re responsible for making sure:
vehicle payloads notifications are correct
height indicators are fitted and correct
your drivers complete and return their driver defect reporting sheets and
that they record defects correctly
reported defects are either recorded in writing or in a format which is
readily accessible
reported defects are repaired promptly
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vehicles and trailers that are not roadworthy are taken out of service
Potential action a Traffic Commissioner can take against transport
managers
Declaration that a transport manager is “unfit” to manage transport
operations
If the traffic commissioner has concerns regarding the transport manager’s
ability to exercise continuous and effective management, they may consider
whether the transport manager is unfit to oversee transport operations. This
may be done at a public inquiry.
Following a finding that the transport manager has not met their obligations,
a traffic commissioner may disqualify them from acting as a transport
manager in the UK for a period of time. The traffic commissioner may also
set rehabilitation measures that must be met before the transport manager
may be accepted on a licence. These measures could include retaking the
examination.
Where a traffic commissioner has taken such action, the transport manager
may appeal the decision to the Upper Tribunal.
Return to Contents
Annex 1 - Further Information
Senior Traffic Commissioner’s statutory guidance and statutory directions
(https://www.gov.uk/government/collections/senior-traffic-commissionersstatutory-guidance-and-statutory-directions)
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Guide to maintaining roadworthiness
(https://www.gov.uk/government/publications/guide-to-maintainingroadworthiness)
Rules on drivers’ hours and tachographs – goods vehicles in the Great
Britain and Europe (https://www.gov.uk/guidance/drivers-hours-goods-vehicles)
Requirements for the driver Certificate of Professional Competence
(https://www.gov.uk/become-lorry-bus-driver)
Load securing: vehicle operator guidance
(https://www.gov.uk/government/publications/load-securing-vehicle-operatorguidance/load-securing-vehicle-operator-guidance)
Commercial vehicle safety and maintenance
(https://www.gov.uk/government/collections/vehicle-safety-and-maintenanceguides)
Guide to lorry types and weights
(https://www.gov.uk/government/publications/guide-to-lorry-types-and-weights)
Taking a lorry abroad (https://www.gov.uk/taking-a-lorry-abroad)
International road haulage: HGV driver documents
(https://www.gov.uk/guidance/driver-documents-required-for-international-roadhaulage)
The National Planning Policy Framework and relevant planning practice
guidance (https://www.gov.uk/government/collections/planning-practiceguidance)
Relevant legislation
Copies of the legislation can be viewed or downloaded from:
www.legislation.gov.uk (https://www.legislation.gov.uk)
The Goods Vehicles (Licensing of Operators) Act 1995
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The Goods Vehicles (Licensing of Operators) Regulations 1995 (as
amended) (SI 1995/2869)
The Road Transport Operator Regulations 2011 (SI 2011/2632)
The Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995
(SI 1995/3000)
Regulation (EC) No 1071/2009 establishing common rules concerning
conditions to be complied with to pursue the occupation of road transport
operator (as retained in UK legislation)
Regulation (EC) No 1072/2009 on common rules for access to the
international road haulage market (as retained in UK legislation)
The Transport Act 2000