CPC Holder Responsibilities
CPC Holder when nominated on an Operator’s Licence as the Transport Manager has a number of Responsibilities, which are also known as undertakings by the Road Transport Operator Licensing Regime, & it’s regulatory & enforcement bodies, Department of Transport, Tourism and Sport, (DTTAS), The Road Safety Authority, (RSA), & the An Garda Síochána. These undertakings to maintain Road Transport Operator Licensing Regime, make up the core of the responsibilities a CPC Holder will need to maintain when carrying his/her duties when nominated as the Transport Manager CPC Holder on a Road Transport Operator’s Licence
An undertaking, can be viewed as a personal promise to the Operator Licencing Regime. But this promise unlike a personal promise, is legally binding, as the CPC Holder whose nomination is forwarded to the Road Transport Operator Licence (RTOL) unit for consideration. Will have signed a document(s) along with the Road Transport Operator’s Licence applicant/holder. Which has the effect of making them both legally responsible for the maintaining the required level of compliance associated with the Road Transport Operator’s Licence, that they are named on, as a person of responsibility.
Therefore, both the CPC Holder who is nominated as the Transport Manager, & the Operator Licence applicant/holder, need to be aware of what those Responsibilities or undertakings are & how to maintain them. In most cases, it is the CPC Holder who has been nominated as the Transport Manager, will be the one who implements & maintains systems of work, that uphold those Responsibilities, Undertakings which are attach to the granting of a Road Transport Operator’s Licence. There are occasions when additional undertakings are added to a Road Transport Operator’s Licence when it is granted, the nominated Transport Manager CPC holder, need to make sure they are aware, & have the necessary, systems of work in place for them to be maintained. Please find below the standard example undertakings which can be considered as the nominated Transport Manager CPC Holder Responsibilities. These undertakings can also be known as Duties, or formal compliance tasks.
CPC Holder: The Undertakings
The making of arrangements to ensure that drivers comply with drivers’ hours and tachograph rules and with speed limits;
The making of arrangements to ensure that the vehicles are maintained properly, including the inspection of vehicles at the appropriate time and the action taken to remedy defects found;
The reporting and recording of vehicle defects by drivers, & the subsequent defect rectification
The method of compilation and the accuracy of all records, related to all regulations, in the operation of the vehicles being used, under the authority of the Road Transport Operator’s Licence held, & those records to be kept for the required period of time, as per the Road Transport Operator’s Licence regulations.
The making of arrangements to ensure that the vehicle/s are not overloaded;
Ensuring that authorised vehicles will be kept at the authorised operating centre(s) when not in use;
Where appropriate, notifying the relevant regulatory body, Transport Operator Licence (RTOL) unit (in writing) of all prosecutions and convictions concerning the operator, the drivers and all persons connected to the Road Transport Operator’s Licence within 28 days of the court hearing;
Notifying the relevant regulatory body Transport Operator Licence (RTOL) unit of resignation, termination or any other reason which ends with the nominated CPC Holder being no longer named on the Operator Licence on which he/she is nominated.
Any role that the CPC Holder may have in: Verifying contracts and documents; Basic accounting; Any other role involving safety procedures;
Please Note: The list shown above is not to be taken as exhaustive one and is subject to change at the will of the Traffic Commissioner. You should not act in reliance of it, in relation to any area of Operator Licence or any other regulatory compliance.
CPC Holder: Sharing of Responsibility
CPC Holders who are nominated on a Road Transport Operator’s Licence all too often find that the view, of both their colleagues, but more importantly the Road Transport Operator’s Licence Holder (I.E. Company Director’s) is they are solely responsible for legal & legislative obligations in relation to the Road Transport Operator’s Licence. This misunderstanding may stem from how many people, both within & outside the transport industry, when seeing the name of the CPC Holder on the Road Transport Operator’s Licence document as the nominated Transport Manager, or via the on-line operator’s licence search facility, coupled with the terms transport & manager, are led to believe that “He/She is the manager so they are responsible for it” i.e. “That’s the manager’s job”.
Unfortunately, this view also can lead to many Road Transport Operator’s Licence Holders to believe, that they have no role to play in making sure that the Road Transport Operator’s Licence they hold is compliant and that it is the nominated Transport manager CPC Holder who is responsible. This has often led to Road Transport Operator’s Licence Holders, to mistakenly believe that because the CPC Holder as the nominated Transport Manager on the Road Transport Operator’s Licence & that they are paying the CPC Holder to maintain the legal & legislative obligations in relation to it, they have no obligations. i.e. “That’s what he/she is being paid to do”
In fact, the true situation is that any CPC Holder who is nominated on a Road Transport Operator’s Licence along with the Road Transport Operator’s Licence Holder, take an equal share of the legal responsibilities in connection with the maintaining of the Road Transport Operator’s Licence undertakings (obligations) that are in place against the Road Transport Operator’s Licence. Therefore, all CPC Holders should be making sure that not only drivers are compliant in areas such as driver’s hours but also that the senior management is aware of their responsibilities in the area of Road Transport Operator’s Licence compliance. So, with this in mind, all CPC Holders should be making sure that part of their role, is that all who work under the authority of the Road Transport Operator’s Licence, are aware of their responsibilities in helping to maintain compliance, with the road transport operator licensing regime.
CPC Holder: Sharing of Responsibility
If a CPC Holder who is the nominated Transport Manager on an Operator Licence fails to maintain the Undertakings attach to the Operator’s Licence. The CPC Holder & the operator licence holder face the possibility of being subjected to enforcement and regulatory action being taken against them.
Such action could be the revocation of the Operator’s Licence and the CPC Holder & operator licence facing the loss of their repute. The CPC Holder also faces the revocation of his/her Certificate of Professional Competence or CPC.
A CPC Holder if found to have committed a criminal act(s), or taken actions outside what is expected of a Certificate of Professional Competence holder., if the criminal act(s) committed happen outside of his/her’s duties as a nominated Transport Manager on an Operator’s Licence, & did not involve the Road Transport Operator Licence Holder. Then only the CPC Holder would in most cases face be the only party to face action from the regulatory, & enforcement bodies
Again, however this may result in the CPC Holder’s good repute being lost for either prolong or indefinite period, & the loss of their Certificate of Professional Competence, this is known on occasions as a loss fitness, or professional competence. Both Good Repute, & professional competence can be restored, on approval by the regulatory, & enforcement bodies.
From experience, there are questions people reading this section of our website have typically asked, & they fall into three categories, please see below, & click on the link for further information on your question, or you can use our contact form to send your question, or enquiry to us. Were Oplas Transport Consultancy will try to answer it for you
1: You are an operator licence holder (or are currently applying for an operator licence) and are looking for the services of an individual who is suitably qualified to serve as the nominated CPC Holder on the Licence so as to satisfy the statutory requirement for a CPC Holder. If so
2: You are a suitably qualified CPC Holder and are willing to offer your services to an operator licence holder(s), as per the current regulations. If so
3: You are a suitably qualified CPC Holder who has read the information on this website and are now worried that you may need assistance with issues pertaining to your role as the nominated CPC Holder or with compliance itself. If so, both Oplas Transport Consultancy and the Commercial Transport Manager Association (CTMA) invite you to provide your contact details and we will endeavor to answer any questions you may have.
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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.