Transport managers with grandfather rights must en
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Transport managers with grandfather rights must ensure they have obtained an acquired rights certificate by December Words: David Gibson In the 1970s traffic commissioners (TCs) issued grandfather rights certificates to transport managers to exempt them from the new CPC qualification.
However, fast forward four decades and any transport manager who has worked on this basis now has to get an acquired rights certificate by 4 December 2013, to comply with Article 9 of EC regulation 1071/2009 — access to the occupation of road transport operator.
Those transport managers who meet the professional competence requirement through grandfather rights and are currently listed on an 0-licence will maintain grandfather rights and be issued with new certification automatically.
Many grandfather rights holders who are on the 0-licence will already have had or will have their certificate forwarded to them.
In these cases, the Department for Transport (DfT) will have concluded that the particular individual concerned has shown sufficient evidence of experience.
However, the changes are most likely to affect the small number of existing grandfather rights holders who will wish to maintain those rights under the regulation but who are not nominated on an 0-licence.
Only holders of grandfather rights certificates may apply for the acquired rights, and applications must be made to the DfT.
Appeals can be made to the IC If the DfT believes you lack experience and refuses to grant a certificate, then you can appeal this to a TC.
To qualify for an acquired rights certificate, a person must have continuously managed at least one road haulage undertaking or a road passenger transport undertaking for a period of 10 years before 4 December 2009.
There is some flexibility and recognition that there may have been breaks that have had an impact on continuity of service — such as when the individual has been on long-term sick or maternity leave, for example.
Application forms must be forwarded and acquired rights granted by 4 December, which means any documents must be completed in good time before this date to ensure that they are processed.
Although this may seem like a distant deadline, the danger is that applications can take some time to go through the system, so leaving it to the last minute may result in the application being unsuccessful.
So what is the process that people who find themselves in this position need to follow?
There are two parts to the application form: • Part one requires details about the individual which must include the serial number of any current grandfather rights certificate. If an individual has not received one of these grandfather rights certificates, they cannot claim one and cannot apply for acquired rights status.
• Part two requires details of the work undertaken as a transport manager from 4 December 1999 to the present. Individuals are asked to use separate pages to provide details of each operator they have worked for in their capacity as transport manager, and make sure that their full name and grandfather rights exemption number appears on any additional pages.
Include detailed information The DfT also requires the names, addresses and all licence numbers, if possible, for all operators worked for during the period, including dates and contact details for verification purposes.
This applies even if companies are no longer trading or if they are restricted licence holders, exempt from 0-licensing or are located outside the UK.
If information is not available, then the initials 'NI(' (which stands for not known) should be inserted.
According to the Road Haulage Association, individuals should, if possible, provide signed declarations from previous operators that they have worked for as a transport manager covering the required 10-year period.
For more detailed guidance on completing parts one and two of the application, the DfT advises individuals to visit its website.
The general message to anyone who thinks they might be affected by the changes is to start the application process now, make sure you are within the timescales, and ensure all relevant information is collated and included on the form. • A transport manager must — either on their own or jointly with other nominated transport managers — effectively and continuously manage the transport activities. Each nominated transport manager must live in the EU, be of good repute and professionally competent. Where a transport manager loses good repute, they are also declared unfit to manage the transport activities of an undertaking and their CPC will not be valid in any member state until rehabilitation measures have been taken.
MAJOR CHANGES TO 0-LICENSING REGULATIONS The 0-licensing landscape changed dramatically in December 2011 when EC Regulation 1071/2009 came into force. As well as changes to transport manager grandfather rights, other major areas covered include: • Disciplinary action against transport managers The regulation permits TCs to take direct action against transport managers — public inquiries can now be convened for transport managers alone and TCs can declare them unfit to be in that role. If declared unfit, transport managers are also disqualified from holding that role for an operator in any other EU member state. The regulation lists offences that will automatically lead to "unfitness" being made out against a transport manager and operator, though there is provision not to make a finding of unfitness if it would be disproportionate.
• Financial standing While the basic rule concerning financial standing has remained as before, meaning operators must continue to show that they have enough finance to support their vehicle —€9,000 for the first truck and €5,000 for subsequent ones — there are changes regarding the proving of this. New licence applicants now have to satisfy new arrangements by either certified annual accounts or a certified opening bank balance or a financial guarantee.
• Nominated transport managers The regulation introduced the distinction between "internal" transport managers genuinely linked to the operator, such as a full or part-time employee, director or actual owner, and "external" ones contracted to the operator, with a contract specifying tasks to be performed.
• For further information, please contact David Gibson, employment partner at DWF (0191 233 9762) or Vikki Woodfine, regulatory associate at DWF (0161 603 5060).