CPC Holder Definition

CPC Holder, is the term commonly used within the transport industry, to describe the person who holds a Certificate of Professional Competence in road transport management, hence the term CPC Holder. A Certificate of Professional Competence or CPC is gained by taking & passing an examination, after which the person is rewarded with a Certificate of Professional Competence, or CPC, after which they are considered to be Professional Competent in the management of road transport operations. Often the term CPC Holder is used to describe the transport manager, who is nominated on either a Road Haulage Operator’s Licence, or Road Passenger Transport Operator Licence

In fact, this is only correct when a Road Haulage Operator’s Licence is used for the carrying of goods, for hire or reward in a vehicle or combination of vehicles were the maximum authorised weight of which is in excess of 3.5t

The term “Hire or Reward” in relation to a Road Haulage Operator’s Licence. Is when haulage of goods takes place, & the operator of the vehicle is being paid for carrying the goods, on said mentioned operator’s vehicle(s).

If the Road Haulage Operator’s Licence is used for what is known as own account work only, then the operator of the vehicle(s) does not need a Road Haulage Operator’s Licence.

The term “Own Account Work” is define as the; “Carriage of the vehicle operators own goods, in a vehicle(s) own by the operator, & driven by operator, or by an employee(s) or agent of the operator, or in the delivery of goods to a customer who has purchase or agreed to purchase those goods, from the operator of the vehicle,

In the case of a Road Passenger Transport Operator’s Licence if the operator of the vehicle(s) is carrying passengers by road for hire or reward, in vehicles constructed and equipped, & considered suitable for carrying nine or more passengers. Then the holding of a Road Passenger Transport Operator’s Licence is required. If carrying passengers is not the vehicle(s) operator’s main business, and if the operator is not charging passengers a fee, then the operator of the vehicle(s) does not need a Road Passenger Transport Operator’s Licence.

The regulations in relation to Road Passenger Transport Operator’s Licence, define “Hire or Reward” As when the operator of the vehicle(s) in use is being paid for carrying passengers, on said mentioned vehicle(s).

An example of when a Road Passenger Transport Operator’s Licence is not required would be as follows; A hotel that is operating a suitable vehicle i.e. a bus that it uses to transport its guests, as a complimentary service, to and from an airport or tourist attractions.

It is possible to be a CPC Holder, & be a Transport Manager, when the Operator is engaged in transport operations which are defined as being of an own account nature, on either a Road Haulage, or Road Passenger Transport Operator’s Licence, is not required. This is due to the fact that many operators whose operation is define as being of an own account nature. Are required to make sure that their operations are run in a legally compliant manner.

The requirement of an operator’s licence holder that their transport operations must run in a legal compliant manner, is part of what is known as the chain of responsibility for road transport services. This is when all parties involved with a transport operation, have a responsibility to make sure that they are following all regulations which oversee the transport operation they are involved in. The nominated CPC Holder Transport Manager has a big part to play in regards to the chain of responsibility

Therefore, many companies who are involved with transport operations of an own account nature, are now taking the view to employ a holder of a Certificate of Professional Competence, or CPC Holder to oversee their transport operation, i.e. being their Transport Manager, to make sure that they compliant with all legal obligations, i.e. the chain of responsibility in relation to those transport operations undertaken as part of the operator’s licence holder commercial operation. Thereby showing that they have taken a Duty of Care in relation to their transport operations.

Therefore, a CPC (Certificate of Professional Competence) Holder in relation to the transport industry. Is the party who is nominated as the qualified transport manager on either a Road Haulage Operator’s Licence, or Road Passenger Transport Operator’s Licence. Where the application process requires the nominated transport manager to be Certificate of Professional Competence holder (CPC Holder).

 

A summary of that definition is as follows below:

A nominated Transport Manager / CPC Holder; must be a natural person, & not a limited company or any other commercial entity. The Transport Manager must effectively & continuously manage the transport activities taking place under the authority, of the Operator’s Licence that said Transport Manager is nominated on. The Transport Manager, must have a genuine, & direct link to the Operator’s Licence, which he/she is nominated on. Such as, being an employee, director, company secretary, owner or shareholder.

If a self-employed (Sub-Contract, Freelance, Outsourced), Transport Manager / CPC Holder services are used. The requirement of a genuine, & direct link to the Operator’s Licence, which he/she is nominated on, is still required. This is normally done via a Contract of Services.

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This Website and the information shown on it, has been produced as a basic guide, to show the relationship between a CPC Holder, & the Operator Licence Regime. Therefore, it cannot be considered as formal legal advice.