Is a Transport Manager CPC Still Valid if Obtained Outside of the UK? | Smith Bowyer Clarke

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Is a Transport Manager CPC Still Valid if Obtained Outside of the UK?

Brexit brought into question many concerns with Operator Licencing legislation, given how much UK law is intertwined with EU Law. One question in particular was whether a Transport Manager could continue to work in the UK if their CPC was obtained elsewhere in Europe.

The clear answer is yes. However, in the past few years, we have seen scrutiny of such Transport Managers which has caused a headache for both Transport Managers and Operators.

The first issue was that for a Transport Manager’s first UK first nomination, the Traffic Commissioner has requested a Certificate of Good Repute, from the previous country of residence. This is usually from the equivalent of the Department for Transport. This confirms that the repute or competence has not been removed from any decision by those authorities.

The second issue, which is more problematic, is the requirement imposed by Article 8(2) of EU Regulation 1071/2009. This states very clearly that the Transport Manager CPC qualification is only valid if it is obtained in the country where the individual is resident at that time. Whilst this was not previously asked of applicants, the Office of the Traffic Commissioner now routinely checks this status and in accordance with the law the nomination will be refused if the CPC was obtained in breach of this. This is highly relevant for UK residents who have travelled to their home country to take the CPC in their own language. It has also been included within the Senior Traffic Commissioner’s Statutory Document on Transport Managers, which all Operators and Transport Managers are expected to be familiar with.

We are seeing reviews of existing licences, including at Public Inquiries and new applications coming under scrutiny. The Traffic Commissioner has no discretion when faced with this scenario, but will usually take a sympathetic view by granted a period of grace to allow the existing Transport Manager to resit in the UK for a replacement to be found.

Our advice is that if you are found to be in this position you should seek to rectify this as soon as possible, taking a proactive approach rather than waiting and hoping that this goes unnoticed.

For advice on any aspect of Operator Licencing call our team today for a free initial consultation.

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