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Trans-Consult: It's time for government bullyingto stop
Page 6
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by Chris Tindall A transport consultancy is mounting a legal case against the Department for Transport (DfT) and the Traffic Commissioners (TCs) to prove they are misinterpreting the law regarding parttime transport managers.
Trans-Consult is instituting a claim for damages against the 1)fT and the TCs for loss of earnings and discrimination, It has also Instructed Its legal team to seek an urgent Judicial review of the TCs' Interpretation of the legislation.
TCs have been keen to quash the perception that merely having a CPC-holder's name on the licence is sufficient for the purposes of fulfilling the legislation. The Goods Vehicle (Licensing) of Operators Act 1995 defines a transport manager as someone with "continuous and effective responsibility for the management of the transport operations of the business".
TCs believe "continuous responsibility" suggests that a transport manager's actual presence might be required during a period In which authorised vehicles are active. This has led to a number of highprofile cases In which TCs have come down heavily on transport managers held to have not carried out their Job effectively. But Trans-Consult, which provides nominated transport managers for the haulage industry, insists no legislation exists in the UK which states a firm must employ a transport manager. Managing director Alec Hayden says 'les are misquoting the law.
"We have been victimised by this and we haven't done anything wrong," he complains. "It's time for the bullying from government employees to stop. We feel we have no alternative but to take this course."
Hayden has organised a petition which, he claims, has several hundred signatures, and which will be presented to the Secretary of State for Transport, Alistair Darling. He also aims to bring the Issue to the attention of MPs and MEPs in order for them to put pressure on Darling to look at "this abominable state of affairs".
But Senior IC Philip Brown describes the allegations as "a load of nonsense". When asked about Hayden's belief that companies do not have to employ a transport manager, Brown says that unless it is a restricted licence, this is not the case.
He says Eastern TC Geoffrey Simms has co-ordinated a consultation paper on the
role of nominated transport managers (CM 27 March-2 April) and Trans-Consult has been given "every opportunity" to submit Its views. He says there will be a meeting in May to discuss the results.
He adds: "There is no question of discrimination. There are some [part-time transport managers] who do their job very well. There is no real merit In making comment on Thans-Gonsult's campaign."
• christopher.tindall®rbi.co.uk