Nominated under Article 4, EU Regulation (EC) No 1071/2009 (retained)
Goods Vehicles (Licensing of Operators) Act 1995
INTRODUCTION
The transport manager occupies a legally defined position distinct from both the operator (who holds the licence) and the driver (who executes the transport). The transport manager is the natural person designated by the undertaking who effectively and continuously manages the transport activities of that undertaking (EU Regulation (EC) No 1071/2009, Article 4(1)). The transport manager must have a genuine link to the undertaking — as employee, director, owner, shareholder, or administrator — or, where an external transport manager, must be designated by contract specifying the tasks to be performed on an effective and continuous basis (Article 4(2)).
The transport manager can be individually declared unfit by a Traffic Commissioner under Article 14 of Regulation 1071/2009, and such a declaration has UK-wide effect. This personal accountability defines the weight and seriousness of the position. The Goods Vehicles (Licensing of Operators) Act 1995 and Regulation (EC) No 1071/2009 enable Traffic Commissioners to take action against the individual transport manager alone.
This document sets out the elements of the position of HGV Transport Manager across five pillars: Activities, Skills, Training, Attitude, and Focus. It is intended for use by employing operators, regulators (including Traffic Commissioners), and persons nominated or applying for nomination as transport manager.
1. ACTIVITIES
The transport manager must:
Manage transport operations effectively and continuously. This is the central statutory duty under Article 4(1) of Regulation 1071/2009. The Senior Traffic Commissioner’s Statutory Document 3 confirms this responsibility may be exercised alone or with the assistance of others (2003/343 Anglorom Trans (UK) Ltd & Others), but the responsibility itself cannot be delegated away.
Ensure compliance with operator licensing conditions. The transport manager must ensure the undertaking complies with the conditions of its HGV O-licence, including those relating to vehicle authorisation limits, operating centres, and maintenance arrangements (Goods Vehicles (Licensing of Operators) Act 1995, ss.13A, 13C).
Oversee vehicle maintenance systems. The transport manager must ensure satisfactory facilities and arrangements exist for maintaining vehicles in a fit and serviceable condition (1995 Act, s.13C). This includes managing preventive maintenance inspection (PMI) schedules, ensuring safety inspection records are completed and retained, overseeing defect reporting and rectification systems, and monitoring the competence of maintenance providers.
Manage drivers’ hours and tachograph compliance. The transport manager must ensure the undertaking’s drivers comply with EU Regulation 561/2006 (driving and rest time rules) and EU Regulation 165/2014 (tachograph requirements), including downloading, analysis, and secure storage of digital tachograph data.
Ensure roadworthiness and load security. The transport manager must ensure vehicles presented for use are roadworthy and that loads are properly secured, distributed, and within weight limits (Road Traffic Act 1988, ss.40A, 41A, 41B; Road Vehicles (Construction and Use) Regulations 1986).
Manage driver competence and licensing. The transport manager must ensure all drivers hold appropriate driving licences and valid Driver CPC qualifications (Directive 2003/59/EC, implemented by the Vehicle Drivers (Certificates of Professional Competence) Regulations 2007), and that adequate records of driver entitlements are maintained.
Maintain financial standing. The transport manager must ensure the undertaking maintains appropriate financial standing as determined under Article 7 of Regulation 1071/2009 and paragraph 6A of Schedule 3 to the 1995 Act — currently £8,000 for the first vehicle and £4,500 for each additional vehicle (or such sums as are prescribed).
Notify the Traffic Commissioner of relevant changes. The transport manager must ensure the operator reports material changes to the Traffic Commissioner within 28 days, including changes to the transport manager’s own status, convictions, and any other matters required under s.22 of the 1995 Act and the conditions of the licence.
Manage health and safety obligations. The transport manager must contribute to the undertaking’s compliance with the Health and Safety at Work etc. Act 1974, particularly as it relates to workplace transport risks, driver welfare, and the Management of Health and Safety at Work Regulations 1999.
Ensure compliance with environmental and cabotage rules. Where the operation involves international work, the transport manager must ensure compliance with EU Regulation 1072/2009 (as retained and amended) regarding cabotage and international haulage authorisations, and with environmental regulations applicable to vehicle emissions and clean air zone requirements.
2. SKILLS
The transport manager must demonstrate competence across the knowledge areas specified in Annex I of Regulation 1071/2009, which include:
Civil law — knowledge of contract, liability, and commercial obligations relevant to road haulage.
Commercial law — understanding of conditions and formalities for carrying on trade, general obligations of transport operators, and the consequences of bankruptcy.
Social law — knowledge of the role and function of social institutions in road transport, including employer and employee obligations, employment contracts, working conditions, social security, and the specific requirements of EU Regulations 561/2006 and 165/2014.
Fiscal law — understanding of VAT, vehicle taxation, tolls, and user charges applicable to goods vehicles.
Business and financial management — the ability to manage cash flow, use and interpret balance sheets, and assess business performance, including cost analysis per vehicle, per kilometre, and per tonne.
Access to the market — knowledge of the regulatory framework governing access to the road haulage profession and market, including O-licence requirements, cabotage rules, and international transport authorisations.
Technical standards and operation — knowledge of vehicle weights and dimensions, vehicle selection and procurement, type approval, roadworthiness testing, maintenance obligations, and load securing.
Road safety — knowledge of driver qualification requirements, driver licensing, traffic regulations, accident analysis, and preventive safety measures.
Beyond the Annex I knowledge base, the transport manager requires practical management skills including effective communication with the operator, drivers, maintenance staff, and the Traffic Commissioner; the ability to design and implement compliance monitoring systems; analytical capability to interpret tachograph data, MOT records, DVSA encounter reports, and OCRS (Operator Compliance Risk Score) data; and dispute resolution and decision-making capability under operational pressure.
3. TRAINING
Transport Manager CPC. The transport manager must hold a Certificate of Professional Competence in road haulage, obtained by passing the examination prescribed under Article 8 of Regulation 1071/2009. The exemption under Article 9 (for persons who have continuously managed a road haulage undertaking for 10 years before 4 December 2009) is now of limited practical relevance. The CPC does not expire but may effectively be set aside if the transport manager is declared unfit.
Continuing professional development. While there is no statutory CPD requirement for transport manager CPC holders (unlike Driver CPC under Directive 2003/59/EC), the STC’s Statutory Document 3 makes clear that the Traffic Commissioner expects transport managers to maintain current knowledge. Failure to keep pace with legislative change, regulatory developments, and best practice may be treated as evidence that the transport manager is not effectively and continuously managing the transport activities. This is a professional expectation, not a formal legal obligation, but one with regulatory consequences.
Awareness of regulatory developments. The transport manager must maintain awareness of evolving regulatory standards, including revisions to the STC’s Statutory Documents, changes to OCRS methodology, updates to the Guide to Maintaining Roadworthiness, and relevant Upper Tribunal decisions.
Specialist training where applicable. Depending on the nature of the operation, the transport manager may require additional knowledge in areas such as ADR (carriage of dangerous goods), ATP (carriage of perishable foodstuffs), abnormal loads, waste carriage, or specific FORS (Fleet Operator Recognition Scheme) requirements.
4. ATTITUDE
Professional accountability. The transport manager must accept that they carry personal professional liability. A Traffic Commissioner may declare the transport manager unfit under Article 14 of Regulation 1071/2009, and such a declaration has UK-wide effect. The transport manager must approach the role with the seriousness this personal exposure demands.
Primacy of safety. The transport manager must place road safety and public safety above commercial pressure. The STC’s Statutory Documents make clear that cost-cutting or operational convenience does not excuse non-compliance with maintenance, drivers’ hours, or loading requirements. The transport manager must be prepared to refuse to permit operations that would compromise safety.
Good repute. The transport manager must maintain personal good repute as determined under paragraph 1 of Schedule 3 to the 1995 Act and Article 6 of Regulation 1071/2009. This requires not only the absence of serious criminal convictions and serious infringements, but a positive record of honest and lawful conduct. Good repute is not merely a licensing threshold — it is a continuing personal obligation.
Honesty with the Traffic Commissioner. The transport manager must be truthful in all dealings with the Traffic Commissioner and DVSA. Failure to report notifiable matters, providing misleading information, or concealing non-compliance can lead to loss of good repute independently of any underlying offence. The obligation to notify changes under s.22 of the 1995 Act carries personal as well as corporate weight for the transport manager.
Proactive compliance culture. The transport manager must promote a culture of compliance within the undertaking, not merely react to enforcement action. This includes establishing systems, training drivers, briefing management, and maintaining audit trails. Reactive compliance — correcting problems only after they are identified by DVSA or at public inquiry — is insufficient and may itself constitute evidence that the transport manager is not managing effectively and continuously.
Respect for drivers’ rights and welfare. The transport manager must ensure that commercial pressure does not override drivers’ entitlements to rest periods, breaks, working time limits, and safe working conditions. This is both a legal obligation under EU Regulation 561/2006, the Working Time Directive (as applied by the Road Transport (Working Time) Regulations 2005), and a moral responsibility.
5. FOCUS
The transport manager’s focus must be directed towards:
Effective and continuous management. The defining statutory test. The transport manager must be genuinely engaged in the day-to-day management of transport activities — not a nominal figurehead. The STC’s Statutory Document 3 warns that a transport manager should think carefully where there is an attempt to reduce the hours worked from those declared on the application. The focus must be on real, active, ongoing involvement.
The operator’s OCRS profile. The transport manager must actively monitor the undertaking’s Operator Compliance Risk Score and work systematically to address any fleet or traffic deficiencies identified through DVSA roadside encounters, maintenance investigations, or annual test results.
Maintenance compliance as the bedrock obligation. Section 13C of the 1995 Act requires satisfactory facilities and arrangements for maintaining vehicles in a fit and serviceable condition. This is the most frequently examined area at public inquiry and the most common cause of regulatory action. The transport manager must treat maintenance compliance as the foundation of the operation.
Proportionality and regulatory risk management. The transport manager must understand the proportionality framework applied by Traffic Commissioners (as set out in the STC’s Statutory Document on Principles of Decision Making) and ensure the undertaking’s compliance record can withstand regulatory scrutiny. This includes understanding the significance of DVSA annual test first-time pass rates, the consequences of prohibitions, and the evidential weight of patterns of non-compliance.
The three audiences. The transport manager is accountable to: the operator (who relies on the transport manager’s competence to protect the licence); the Traffic Commissioner (who grants or revokes the licence and may declare the transport manager unfit); and the public (who are entitled to expect that goods vehicles on the road are safe, roadworthy, and operated within the law).
