Looking at licensing with lain Sherriff No. 6
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The manager's licence
• The transport manager's licence proposed in Section 61 of the Transport Bill is perhaps the most important document ever introduced into road haulage legislation. Without a properly licensed transport manager an operator cannot operate; without a licence a manager cannot manage.
Every operator's licence application will require to be supported by evidence that at least one licensed transport manager is responsible for the operation and maintenince of the fleet. Where these duties are livided, each person with responsibility must be licensed. Where a company has more than one operating centre, each centre must be covered by a licensed transport manager and he can be licensed in respect of only one centre.
A company director may be licensed as a transport manager and he alone will be held responsible; in a partnership, although one partner is licensed the responsibility will be borne by all the partners.
The Minister has still to make regulations covering the issue of the transport manager's licence and has reserved the right in Section 61 to modify or substitute these regulations when they are made. The regulations may also make different provisions between cases and may also make provision for the transitional period.
If the licensed transport manager ceases to be employed by the operator or loses his licence an application for a licence on behalf of his successor must be made within four weeks. Use of vehicles by an operator who is not employing a licensed transport manager may result in a fine not exceeding £200.
Schedule 9 of the Bill, which deals in some detail with the transport manager's licence, has four sections. They are: Issue of Licences; Duration; Appeals; and Regulations. To obtain a licence, applicants will apply to the Licensing Authority for the area in which they live. If the applicant resides outside Great Britain he will apply to the Metropolitan LA. The LA will require details of previous experience, in operation and maintenance, details of any previous manager's licence, any disqualification and details of the post held or applied for.
From the application the LA will consider whether the applicant has the necessary qualification, experience and knowledge. Unless exemption has been granted the applicant will be required to have passed a test, details of which are not yet available. Until tests are in operation the applicant will require to show that he is a fit person to hold a licence.
Licences will be of five years' duration and will continue in force until an application for renewal has been disposed of. During the period of the licence it can be revoked or suspended by the LA if the Act is contravened. During suspension, an application for another licence cannot be made. Appeals against a refusal of an application or revoca tion or suspension will be made to the Minister. The Minister will make regulations to introduce a test, and list those competent to conduct the test and produce results.
k.pplicants for the test will require to have ome knowledge and experience before Wing the test, for which there will be a fee. 'he conduct of the test may be subjected to he examination of a magistrate or in Scotland he Sheriff. Failure to pass the test will preclude the applicant from re-sitting for a period ret to be determined.
It will be a case of one man, one licenceind the holder will require to be easily identiiable. If a licence is revoked or suspended t will be returned to the LA, if it is lost it will )e renewed on payment of a prescribed fee.
To summarize: An operator cannot operite unless he holds a transport manager's icence or employs a person who does. Initially applicants will require to satisfy the "_,A that they have the necessary knowledge ind experience to hold a licence; later, icences will be issued after passing a test.
Appeals against suspensions or revocaions will be made to the Minister of rransport.