The Traffic Commissioners (TCs) have issued advice to operators that are considering placing a Transport Manager (TM) on furlough during the coronavirus COVID-19 pandemic.
The TCs accept that there may be scenarios where it is desirable to furlough a Transport Manager. They will consider each case “on its own merit”, the advice states, but there are three general starting points.
Whole fleet laid up: Transport Manager furlough accepted
Where an operator has laid up its whole fleet of O-Licenced vehicles and the undertaking is no longer in operation, the TM will not be required to exercise continuous and effective management.
A TC would likely “consider that there continues to be a genuine link between the operator and the TM” and would not normally expect to be informed of such a change.
However, a most important point to consider when a whole fleet is laid up and a TM has been furloughed relates to recommencement of operations. The TM must be re-engaged before that happens. They may not remain furloughed at such a point.
Other possibilities considered by TCs’ advice
For an operator with multiple TMs and where the business temporarily reduces in size and some TMs are furloughed, notification of the TC is required. In that case, the operator and/or the TM(s) must provide details of the arrangements by email. Further information may be sought by the TC.
Where an operation continues but attempts are made to furlough its only TM, the (TC) must also be informed immediately.
The advice points out that “there is a mandatory and continuing requirement for professional competence on all standard O-Licences.” In order to continue to operate, an operator that wishes to furlough its only TM must first apply for a period of grace or seek a temporary exemption in order to continue to operate without a TM.
Guidance for situations where a TM is self-isolating, working from home or absent through ill health has already been issued.
