Applications, Administration, Terms & Conditions,
External Transport Managers introduction
Do I need an Operators License?
Operator Licensing (O/L) is a statutory requirement for all persons, companies and entities.
Regulation (EC) No 1071 2009 came into Law December 4, 2011 and interpreted in the
Goods: If you intend to operate a Goods Vehicle, Van / 4x4 and or trailer combination in excess of 3.5 Tones permissible gross weight (loaded) and your Business intends to charge for deliveries or collections for hire or reward, you must have an a standard National or International Operators License. If you intend to carry only your own goods not for hire or you must have a Restricted license.
Passengers: If you intend to operate a Passenger Vehicle with 17 Seats or more and your Business intends to charge for deliveries or collections of passengers for hire or reward, you must have an a standard National or International Operators License. If you intend to carry between 9 to 16 passengers for hire or reward or not, you must have a Restricted license.
What are the criteria to obtain and continue an Operators License, in a nutshell?
Undertakings wishing to engage in the occupation of road or passenger transport shall:
A, be of good repute. In regard to the operators past and present convictions including pay and employment conditions, repeated failures relating to drivers, driving and rest rules, weights and dimensions, road and vehicle safety, serious criminal and commercial offenses where rehabilitation has not taken place.
B, be of appropriate financial standing. Proof of funds shall consist in having available sufficient resources to ensure the proper launching and administration of the operation. The applicant, operator must have consistently available (for maintenance purposes) cash at bank, overdraft or loan facility or one years audited accounts showing access to £7,700 for the first vehicle and £4,200 for each additional vehicle to be applied for. Restricted applicants must show proof of £3,100 and £1,700 respectively.
C, satisfy the condition of professional competence. Standard Licenses require a Transport Manager (CPC holder) to maintain the operating systems, who has effective and continuous control of the operation insofar as the carriage of goods and passengers are concerned. If you are a natural person and do not hold the qualification, you must have / engage a Transport Manager who fulfils the criteria.
License applications go through a tough assessment procedure which is strict and painfully slow, Interim Authorization and full grant take some three to four months to completion. It is illegal to operate your vehicle(s) until granted. We strongly advise you not to enter into any lease / hire agreements or purchase vehicles or trailers until you have obtained your O/L and definitely not use a vehicle during that period. It is illegal for a supplier /lease /hire /finance company to allow you to take possession until they have seen proof that the License has been granted. If a vehicle is not displaying the correct disc, VOSA have wide ranging powers to confiscate and dispose of it. Any finance owed to the lender under contract remains payable, in other words you could finish up paying a five year finance package and have no vehicle to fund it. Any Insurance you have will also be invalid as you would not be an Operator, so don’t put the cart before the horse it could cost you your Business.
Operator Licenses are strictly non-transferable”. You cannot beg, borrow or steal them. Under no circumstances can you either, get your mate to stick your truck or bus on his O/L for a few months whist you are waiting for your application to be granted or vice-versa, whether money changes hands or not. As the owner of the vehicle you could be fast asleep in bed when your driver has a fatal accident. All insurances are void as you are not holding a bona-fidi Operator License. It is possible you could go to prison under corporate manslaughter charges or conspiracy to defraud, lose your lorry, your Business and your liberty.
External CPC Engagement:
Our Nationwide database of some 500 CPC holders are qualified to RSA / OCR standard Certificates of Professional Competence (CPC) or other acceptable qualifications / degrees in National & International Road Haulage Operations and or Public Passenger for the purpose of Article 5 of Directive (EC) 89/ 438) and certified professionally competent within their profession, whom we introduce to operators on a part time basis.
We assist and deal with all the aspects of our clients License applications, Major change and part time CPC Engagement covering all classes of Licenses, Standard National and International for LGV, PCV Minibus and Limousine.
All information is held in the “Strictest of Confidentiality” and will not be disclosed to non-involved entities or Authorities. Trans Consult Co UK Ltd hold Notification and Registration under the Data Protection and Freedom of Information Act to ensure client confidentiality is handled within the requirements of the Act.
What we do and how we do it.
As soon as you are ready to return the applications we have sent you, we will firstly introduce you to a Transport Manager who we consider most appropriate for the position in regard to location, commitment, and availability. If following your initial conversations, for any reason you are not satisfied with the introduction, we will introduce further Consultants until you select the one you wish to engage. We will also introduce other Transport Managers in the future if for any reason you are not satisfied with your engaged one.
We will then arrange a convenient time and place for you to meet, preferably at the Operating Centre if you have one, for the final tasks of verbally confirming the Contract Price and signing the Contracts for Services, TM1 form for Engagement and Practice Direction No 5. Your elected Consultant will be in possession of your application and all relevant documentation. Once all have been signed your Consultant will submit the application by recorded delivery to the Traffic Area Office and track its progress through to grant.
Whilst the application is being processed we will deal with any correspondence received from the Traffic Area Office and advise on the various matters raised. These are commonly, the way in which “Proof of Funds” are presented.