Goods Vehicles (Licensing of Operators) Act 1995

[F1 14A. (1) A transport manager must be— E+W+S

(a) a resident of the United Kingdom,

(b) of good repute (as determined in accordance with paragraphs 1 to 5),

(c) professionally competent (as determined in accordance with paragraph 13), and

(d) able to manage effectively and continuously the operator’s transport service.

(2) An individual designated under section 13A(3)(a)(ii), in addition to meeting the requirements set out in sub-paragraph (1), must be—

(a) the operator,

(b) an employee, director, owner, or shareholder of the operator, or

(c) any other individual a traffic commissioner is satisfied has a genuine link to the operator.

(3) An individual designated under section 13A(3)(b), in addition to meeting the requirements set out in sub-paragraph (1), must—

(a) be a party to a transport management contract linking the individual to the operator,

(b) be able to—

(i) exercise the individual’s responsibilities as a transport manager independently of the operator, and

(ii) perform the tasks set out in the transport management contract solely in the interests of the operator, and

(c) not be, subject to sub-paragraph (4), at the same time designated under—

(i) section 13A(3)(a)(ii) or (b) in relation to any other operator’s licence, or

(ii) any corresponding law of Northern Ireland in relation to a Northern Ireland-issued licence.

(4) A traffic commissioner may, if the commissioner considers it appropriate, allow an individual to be designated in relation to an operator’s licence despite sub-paragraph (3)(c) provided the individual is designated in relation to no more than four operators’ licences and Northern Ireland-issued licences authorising the use of a combined total fleet of no more than 50 motor vehicles or vehicle combinations.

(5) In this paragraph—

• “Northern Ireland-issued licence” means a licence issued under the law of Northern Ireland that is equivalent to an operator’s licence;

• “the operator” means the person who designated the individual under section 13A(3)(a)(ii) or (b);

• “transport management contract” means a contract that—

  (a)

  indicates the individual’s responsibilities as a transport manager, and

  (b)

  specifies the tasks the individual is to perform as a transport manager for the operator, including those relating to—

  (i)

  vehicle maintenance,

  (ii)

  vehicle management,

  (iii)

  verification of contracts and documents relating to the transport service;

  (iv)

  basic accounting,

  (v)

  the assignment of drivers and vehicles to transport services, and

  (vi)

  the verification of safety procedures.]

Textual Amendments

F1 Sch. 3 para. 14A and cross-heading inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 54(8)