JMW Solicitors‘ experts discuss what coach and bus operators should do when they need to replace a Transport Manager who has died, and the new responsibilities connected to sexual harassment in the workplace
My Transport Manager has died in an accident while on holiday. I obviously need to find a replacement, but is there anything else I need to do?
You need to notify the Traffic Commissioner of the loss of your Transport Manager within 28 days. You should explain the situation and request a period of grace (without a nominated Transport Manager, you no longer meet the mandatory requirement of “professional competence” for holding your Operator’s Licence and the starting point is that it must be revoked).
A period of grace effectively suspends revocation of the Operator’s Licence and allows it to continue while you take steps to address the issue. Before the end of the period of grace, a new Transport Manager must be named on the Operator’s Licence. If, however, at the expiry of the period of grace, the requirement is not re-met, the Operator’s Licence will be revoked.
You must ask the Traffic Commissioner for the period of grace (the Traffic Commissioner is not required to offer it) and it is granted entirely at the Traffic Commissioner’s discretion – they must be satisfied it will be worthwhile granting some time to allow you to re-establish professional competence.
In your request for a period of grace, you should explain:
- How the transport activities will be managed in the absence of a Transport Manager to satisfy the Traffic Commissioner that road safety will not be compromised by the continued operation of vehicles without a Transport Manager in post.
- Your plans (including the expected timeline) for recruiting a new Transport Manager to persuade the Traffic Commissioner that it is realistic that a new Transport Manager will be in post before the period of grace ends.
When requesting a period of grace, the more information you can provide to the Traffic Commissioner, the better! I would also suggest you request a Public Inquiry (as a fallback to protect the Operator’s Licence from revocation).
The period of grace can be granted for up to a maximum period of nine months (longer than the usual six months) due to the death of your Transport Manager. Typically, in practice, the Traffic Commissioner will grant an initial three-month period, which can be extended (up to the maximum period available) if required. It is, however, for you to apply for such an extension in good time before the initial period granted ends.
What must coach and bus operators do to prevent sexual harassment?
26 October marked one year since the Employment Rights Bill came into force. In the first half of 2025, the Advisory, Conciliation and Arbitration Service (Acas) reported a 39% rise in sexual harassment-related enquiries, highlighting growing awareness and concern.
For operators, this is a pivotal moment. The Bill will introduce further responsibilities, requiring operators to take all reasonable steps to prevent harassment – not just sexual harassment, but any form, including that perpetrated by third parties, such as clients or passengers. Operators could be held liable if they fail to act.
In the road transport sector, where staff often work in isolated or public-facing roles, the risks are heightened. Coach and bus operators must act now to build a robust framework for prevention of sexual harassment.
Key actions:
- Conduct risk assessments to identify hotspots – for example, lone working, night shifts, or passenger/customer interactions.
- Develop structured action plans based on findings.
- Deliver targeted staff training, including scenario-based learning for drivers and depot staff.
- Establish clear, trusted procedures for reporting and handling complaints.
- Review and refresh workplace culture.
- Monitor third-party risks and embed behavioural standards in policies and communications.
If operators have already taken steps to comply with the duty, they should continue to reassess their effectiveness and repeat risk assessments annually. Prevention is not a one-off exercise; it’s a rolling obligation.
Operators must act decisively to protect staff, reduce liability, and foster a respectful, inclusive workplace.
[Answers by Laura Hadzik, Partner; and Charlotte Beeley, Senior Associate, JMW Solicitors]
