Traffic Commissioner warns industry over rented transport managers 11 March 2013

East of England Traffic Commissioner Richard Turfitt has reminded operators and CPC holders of the risks to licences and personal repute if they allow third parties to act as brokers in appointing transport managers.

The regulator's warning comes after a former CPC holder told a public inquiry that he had been 'rented out' as a transport manager. His admission led Turfitt to conclude the arrangement did not amount to a genuine link between the operator and the transport manager, as required by EU regulations introduced in December 2011.

The Traffic Commissioner also used his written decision to remind CPC holders that, where they find themselves prevented from exercising 'continuous and effective management' of the transport operation, they should resign, rather than allow an operator to use them in name only.

He warned the industry that transport managers will face questions over their professional competence and good repute, if they fail to meet those requirements.

"As far as a traffic commissioner is concerned, the holder of a CPC, who is accepted … as a transport manager on an operator's licence holds an absolutely key post," explained Turfitt.

In this case, Turfitt concluded that Express Haulage, which was operating on an interim licence, did not have a transport manager in place at the time of the inquiry.

During the inquiry, he heard evidence from a VOSA vehicle examiner, who visited the operation and dealt with Domas Zevuckis, who identified himself as transport manager.

The investigation revealed the issue of prohibition notices, drivers' hours prohibitions and the use of trailers out of test. He also concluded that, in reality, the preventative maintenance systems and driver management were not working.

Those findings, the regulator concluded, meant that Zevuckis was not exercising 'continuous and effective management', as transport manager. He also found that Zevuckis' influence extended beyond the role of CPC holder. "Mr Zevuckis was exercising such control whereby he dictated how the then nominated transport manager, Mr Fordsick, was allowed to attend the operating centre and what documentation Mr Fordsick was supplied with. That being the level of control, I was satisfied that [Mr Zevuckis] fell within the definition of a shadow director."

The conclusion led the traffic commissioner to disqualify him from working as a transport manager for five years and from acting as a director of a transport operation for the same period.

Author
Brian Tinham

Related Companies
Department for Transport

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