Transport Manager Hearings
Being called before the Traffic Commissioner as a Transport Manager can have serious professional consequences. It is important to understand the concerns that have been raised and to prepare carefully.
Transport Managers have important responsibilities within the operator licensing regime. They must be of good repute and exercise continuous and effective responsibility for the management of the transport operations for which they are responsible.
If concerns have been raised about your role as a Transport Manager, I can advise you on the issues, help you prepare your case and represent you before the Traffic Commissioner.
Why Have I Been Called to a Transport Manager Hearing?
A Transport Manager may be called before the Traffic Commissioner at a Public Inquiry where concerns have arisen about whether they have properly exercised continuous and effective responsibility for the management of the transport operation. Current Senior Traffic Commissioner guidance expressly requires a Transport Manager to exercise continuous and effective responsibility and to be of good repute.
Depending on the circumstances, concerns may relate to matters such as:
- vehicle maintenance and roadworthiness;
- drivers’ hours and tachograph compliance;
- systems for reporting and rectifying vehicle defects;
- monitoring drivers and taking appropriate action when problems are identified;
- the Transport Manager’s level of involvement in the operation; and
- whether the Transport Manager has exercised continuous and effective management of the transport operation.
The fact that tasks have been delegated to other people does not necessarily remove the Transport Manager’s responsibility. The Senior Traffic Commissioner’s guidance specifically states that the Transport Manager retains legal responsibility even where individual activities are delegated.
Preparing for a Transport Manager Hearing
Careful preparation is important because the Traffic Commissioner will consider the Transport Manager’s own role and responsibilities, not simply the compliance record of the operator.
Depending on the issues raised, preparation may include:
- reviewing the call-up letter and the evidence relating to the hearing;
- identifying the specific concerns about the Transport Manager’s role and management of the operation;
- considering the extent of the Transport Manager’s involvement and responsibilities;
- reviewing relevant maintenance, drivers’ hours and other compliance systems;
- considering how identified shortcomings arose and what action has since been taken;
- gathering appropriate evidence of any improvements made; and
- preparing to explain how the transport operation was, and is now, being managed.
Preparation should address the Transport Manager’s personal role in the areas of concern and provide an accurate picture of their involvement and the position at the time of the hearing.
How I Can Help with a Transport Manager Hearing
I can advise you from an early stage, review the call-up letter and evidence, help you understand the concerns about your role as Transport Manager, and prepare your case and supporting evidence. That advice can continue through to the hearing, where I can represent you before the Traffic Commissioner.
What can Happen After a Transport Manager Hearing?
The outcome will depend on the circumstances of the individual case, the concerns raised and the evidence considered by the Traffic Commissioner. The Traffic Commissioner may conclude that the Transport Manager’s good repute is unaffected or may make an adverse finding about their repute.
If the Traffic Commissioner determines that a Transport Manager has lost their good repute, the Transport Manager must be disqualified from acting in that capacity. The disqualification may be for a specified period or indefinite, and measures relevant to rehabilitation may also be specified.
Have You Been Called to a Transport Manager Hearing
If you have been called before the Traffic Commissioner as a Transport Manager, contact me to discuss the concerns that have been raised and how I can help you prepare and present your case.