My Transport Manager is due to retire. I am considering recruiting an external Transport Manager (ETM) to replace them until another employee obtains the CPC qualification. What do I need to consider?
Engaging an ETM is perfectly lawful, but ETM arrangements do attract a great deal of scrutiny from the Traffic Commissioners.
You must therefore satisfy yourself that they are able to, and do in practice, continuously and effectively manage the transport activities and will not be a Transport Manager in “name only”. Factors to consider include:
- Does the ETM have sufficient capacity to take on the role? They can only work for a maximum of four operators with sole responsibility for a combined total fleet of 50 authorised vehicles and any other employment they have (in addition to “nominated” positions) may further reduce their capacity to do the job.
- Are their knowledge and skills up to date? All Transport Managers are expected to complete (as a minimum) two-day CPC Refresher training every five years. This should be supplemented by continuing professional development.
- Do they have any adverse previous history? Any relevant convictions, or previous association with O-Licences that have been revoked, suspended or curtailed may affect their good repute and ultimately whether their nomination is accepted by the Traffic Commissioner.
- Do they have sufficient authority to influence decisions relevant to compliance and to deal with external contractors, such as maintenance providers?
- Are they sufficiently close to drivers to be able to influence their behaviours? They should regularly attend the operating centre and have face-to-face interaction with both the drivers and vehicles.
You should have a written contract with the ETM that details:
- The minimum number of hours they will dedicate to the role.
- The pay/remuneration they will receive — they cannot be a “volunteer” or do the role “as a favour”.
- The duties they will perform — paragraph 60 of Statutory Document No. 3 provides a useful “job description”.
You should also consider how you – as the O-Licence holder – will monitor and supervise the ETM’s performance (for example, through regular formal reporting of compliance KPIs and external auditing).
One of my drivers has failed a random drug test at the start of their duty period. Do I need to notify the Traffic Commissioner?
You have an obligation to report any convictions of drivers for drug driving offences to the Traffic Commissioner within 28 days of the date of the conviction.
In the absence of a criminal conviction (such as here, where your internal testing regime identifies that a driver has presented for work under the influence of drugs), you are not required to notify the Traffic Commissioner, but many operators choose to voluntarily do so.
You should, however, ensure you have a clear and comprehensive drug and alcohol policy, which (among other things) specifically details the circumstances in which notifications to the Traffic Commissioner (both mandatory and voluntary notifications) will be made and that policy should be applied consistently from driver to driver as well as being consistent with GDPR.
Notification of any report of drug driving to the Traffic Commissioner will result in a driver conduct hearing for the driver concerned where action against their vocational driving entitlement may be taken and may also lead to Traffic Commissioner scrutiny of your systems and procedures for managing the risk of drug driving within your business, as it is an undertaking on every O-Licence that operators and Transport Managers will ensure their drivers comply with all laws relating to the driving and operation of vehicles — this requires you to have an effective system to manage the risk of drug driving within your business.
Answers by Laura Hadzik, Partner – JMW Solicitors
