Nominated under Article 4, EU Regulation (EC) No 1071/2009 (retained)
Public Passenger Vehicles Act 1981
INTRODUCTION
The PSV transport manager occupies the same structurally defined position as the HGV transport manager — designated under Article 4 of EU Regulation (EC) No 1071/2009 to effectively and continuously manage the transport activities of the undertaking. The definition of “transport manager” in section 82 of the Public Passenger Vehicles Act 1981 has the same meaning as in the 2009 Regulation.
However, the PSV transport manager carries additional responsibilities directly arising from the carriage of passengers. The duty of care is owed not to the haulage customer but to the travelling public — persons who are physically present in the vehicle and who may include vulnerable passengers, children, elderly persons, and persons with disabilities. This heightens the safety, accessibility, and welfare obligations.
This document sets out the elements of the position of PSV 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 PSV transport manager must:
Manage transport operations effectively and continuously. Article 4(1) of Regulation 1071/2009 applies identically to PSV operations. The Senior Traffic Commissioner’s Statutory Document 3 applies across both goods and passenger transport.
Ensure compliance with PSV operator licensing conditions. The transport manager must ensure the undertaking complies with the conditions of its PSV O-licence under the Public Passenger Vehicles Act 1981. For standard licences, the requirements of s.14ZA apply — good repute, financial standing, effective and stable establishment, and professional competence. The transport manager must ensure continuing compliance with all four requirements.
Oversee vehicle maintenance systems. The transport manager must ensure satisfactory facilities and arrangements for maintaining vehicles in a fit and serviceable condition (1981 Act, s.14ZC). For PSVs, the consequences of maintenance failure are acute — a mechanical defect that might cause a minor incident in a goods vehicle can produce catastrophic results in a vehicle carrying 50+ passengers. PMI frequency, brake testing regimes, tyre management, and structural integrity monitoring must reflect this heightened standard.
Manage drivers’ hours and tachograph compliance. Where the operation falls within scope, the transport manager must ensure compliance with EU Regulation 561/2006 and EU Regulation 165/2014. For domestic PSV operations that fall outside the scope of EU regulations, the domestic drivers’ hours rules under Part VI of the Transport Act 1968 (ss.95–96) apply and must be managed.
Ensure roadworthiness, passenger safety, and accessibility. The transport manager must ensure vehicles are roadworthy (Road Traffic Act 1988, ss.40A, 41A, 41B) and that all passenger safety equipment — doors, emergency exits, gangways, steps, handrails, lighting, destination equipment — is functional and compliant. For applicable services, compliance with the Public Service Vehicles Accessibility Regulations 2000 (PSVAR) is mandatory, requiring low-floor access, wheelchair spaces, ramps or lifts, and visual and audible information systems.
Manage driver competence, licensing, and conduct. The transport manager must ensure all drivers hold appropriate PCV driving licences and valid Driver CPC qualifications (Directive 2003/59/EC). Beyond licensing, the PSV transport manager must manage driver conduct standards — PSV drivers interact directly with the travelling public, and discourteous, unsafe, or discriminatory behaviour has regulatory consequences. The Equality Act 2010 imposes duties regarding the treatment of disabled passengers, including wheelchair users (ss.165–167).
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 2 of Schedule 3 to the 1981 Act (for restricted licences) and Article 7 of Regulation 1071/2009 (for standard licences) — currently £8,000 for the first vehicle and £4,500 for each additional vehicle (or such sums as are prescribed).
Manage service registration and reliability. For local bus services, the transport manager must ensure compliance with registration requirements under s.6 of the Transport Act 1985 and that registered services are operated reliably and punctually. The Traffic Commissioner monitors service reliability, and persistent failure to operate registered services is grounds for regulatory action under the 1981 Act.
Notify the Traffic Commissioner of relevant changes. The transport manager must ensure the operator reports material changes within 28 days, including changes to the transport manager’s status, convictions, and other notifiable matters under ss.19–20 of the 1981 Act and the conditions of the licence.
Manage health and safety obligations. Compliance with the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, with particular attention to passenger-handling risks, depot safety, and driver fatigue management.
Ensure compliance with environmental and service quality requirements. The transport manager must ensure compliance with applicable clean air zone requirements, Euro emission standards for PSVs, and any quality partnership or enhanced partnership obligations under the Bus Services Act 2017 (amending the Transport Act 2000).
2. SKILLS
The transport manager must demonstrate competence across the knowledge areas specified in Annex I of Regulation 1071/2009, as applicable to passenger transport. The subject areas mirror those for HGV (civil law, commercial law, social law, fiscal law, business and financial management, access to the market, technical standards, and road safety) but with passenger-transport-specific content:
Regulatory framework for PSV operations — including the distinction between standard national, standard international, and restricted licences.
Local service registration — knowledge of registration requirements, bus service quality standards, and the regulatory framework for school transport and home-to-school services.
Accessibility requirements — knowledge of PSVAR requirements and the accessibility obligations imposed on operators of scheduled and non-scheduled services.
Passenger rights — knowledge of passenger rights under EU Regulation 181/2011 (retained), including rights for disabled persons and persons with reduced mobility.
Tendering and contracting — understanding of tendering and contracting frameworks for subsidised local bus services under the Transport Act 1985 and Transport Act 2000.
Beyond Annex I, the PSV transport manager requires the same practical management skills as the HGV transport manager — compliance monitoring, tachograph data analysis, OCRS management — plus specific competence in passenger complaint handling, service performance monitoring, and managing driver-passenger interactions.
3. TRAINING
Transport Manager CPC (Passenger Transport). The transport manager must hold a Certificate of Professional Competence in road passenger transport, obtained by passing the examination prescribed under Article 8 of Regulation 1071/2009. The passenger transport CPC is distinct from the road haulage CPC; the two are not interchangeable. A person may hold both.
Continuing professional development. The same expectation as for HGV — no statutory CPD requirement, but the Traffic Commissioner expects current knowledge, and failure to maintain it may evidence ineffective management.
Awareness of regulatory developments. Including the STC’s Statutory Document 13 (PSV Operations), which provides specific guidance on PSV licensing, compliance, and regulatory expectations. The transport manager must also maintain awareness of revisions to other Statutory Documents, changes to OCRS methodology, and relevant Upper Tribunal decisions.
Specialist training where applicable. Depending on the operation: PSVAR compliance training, safeguarding training (particularly for school and vulnerable passenger transport), ADR where applicable, FORS or similar accreditation requirements, and training on the Equality Act 2010 duties as they apply to passenger transport.
4. ATTITUDE
Professional accountability. Identical to HGV — the PSV transport manager carries personal liability and is subject to individual unfitness declarations under Article 14 of Regulation 1071/2009.
Primacy of passenger safety. The PSV transport manager carries a duty of care to persons physically present in the vehicle. This is a higher standard than the duty owed in goods haulage. The transport manager must ensure that no vehicle enters passenger service unless it is fully roadworthy, properly equipped, and driven by a competent and properly licensed driver. Commercial pressure to operate unfit vehicles or fatigued drivers is never acceptable.
Good repute. Determined under paragraph 1 of Schedule 3 to the 1981 Act and Article 6 of Regulation 1071/2009. The same personal obligation applies.
Honesty with the Traffic Commissioner. The transport manager must be truthful in all dealings with the Traffic Commissioner and DVSA. The obligation to notify changes under ss.19–20 of the 1981 Act applies, and concealment or misrepresentation carries personal consequences.
Proactive compliance culture. Identical in principle to HGV — systems, training, audit trails, and a culture of compliance rather than reactive correction.
Respect for passengers’ rights, dignity, and welfare. The PSV transport manager must ensure the undertaking treats all passengers with dignity and respect, complies with accessibility requirements, and does not discriminate on any protected ground under the Equality Act 2010. This includes ensuring drivers are trained and supported in assisting passengers with disabilities, managing wheelchair access, and providing information in accessible formats. Articles 8 (respect for private life) and 14 (non-discrimination) of the European Convention on Human Rights, as given effect by the Human Rights Act 1998, provide the overarching framework.
5. FOCUS
The PSV transport manager’s focus must be directed towards:
Effective and continuous management. The same defining statutory test applies. The transport manager must be genuinely engaged in the day-to-day management of transport activities — not a nominal figurehead.
The operator’s OCRS profile. Active monitoring and systematic improvement of the undertaking’s Operator Compliance Risk Score.
Maintenance compliance as the bedrock obligation. Section 14ZC of the 1981 Act requires satisfactory facilities and arrangements. For PSVs, the annual test regime (including the requirement for annual testing of all PSVs regardless of age) and the consequences of prohibition in a passenger-carrying context make maintenance compliance the single most critical area of focus.
Passenger safety as the distinguishing duty. Unlike HGV, where the goods carried do not have rights, PSV passengers are persons to whom the operator and transport manager owe duties of care in law and in regulation. Every decision the transport manager makes must be assessed through the lens of passenger safety.
Service reliability and public trust. For local bus operators, the transport manager must recognise that service reliability is not merely a commercial matter but a regulatory obligation. The Traffic Commissioner monitors punctuality and reliability of registered local services, and persistent failures undermine both the licence and public confidence in the transport system.
The three audiences. The PSV transport manager is accountable to: the operator; the Traffic Commissioner; and the travelling public — who are entitled to safe, reliable, accessible, and lawfully operated passenger transport services.
