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Trans-Consult claims first victory after EC backing
Page 6
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an by Chris Tindall
Transport agency Trans-Consult has claimed a victory in its campaign against the Traffic Commissioners (ICs), after the European Commission's Loyola de Palacio confirmed transport managers need not be employed by operators.
The consultancy pushed for a question to be asked at the European Commission after mounting a legal case against the Department for Transport and the TCs to prove no legislation exists which states a firm must employ a transport manager (CM29 May-4 .Jun).
Trans-Consuit's managing director, Alec Hayden, says the EU Transport Commissioner's answer is proof the law is being misinterpreted.
Palacio's response states: "The manager must be continuously and effectively managing the undertaking's transport operations. The Directive is, however, silent as to whether this can be achieved by directly employing a transport manager, or by a different contractual arrangement—and hence neither option is automatically excluded."
Hayden has also obtained e-malls and documents from VOSA which underline its suspicion of Trans-Consuit's transport managers.
One, from North-Eastern TC Tom Macartney, reads: "Every operator holding a Trans-Consult nominated transport manager in the North-East Traffic Area should be sent a letter indicating that Trans-Consult transport managers do not meet the requirements of the legislation."
An e-mail from VOSA's Andy Auckland on the compliance team, dated 30 January, appears to highlight confusion surrounding VOSks focus on Trans-Consult.
Auckland asks for "some precedent or guidance" to explain why a company was being called to an Inquiry purely because Its nominated transport manager was listed on two licences, and was employed by Trans-Consult.
He adds: "I am unable to put together a call-up on the strength of this alone. The TM details fit the guidance for TMs, and the application would appear to have no other reason for preventing its grant."
Steve Williams, spokesman for the RHA's Southern and Eastern region, says legislation covering this situation is a "grey area". He does, however, voice concern over situations where one transport manager controls five or more fleets, when there is so much legislation and regulation to adhere to. He adds: "I believe the Traffic Commissioners are implementing it correctly; they are the guys who say what you can and can't do, after all."
However. Hayden says he feels "very, very positive" about the campaign, but adds: "It's clear from the tone of the memos that there's a witch-hunt against Trans-Consult and its clients."
North-Western IC Beverley Bell says: "In view of the fact that a judicial review is being sought by Trans-Consult, it would be Inappropriate for us to comment."