Operator Licencing Flashcards
Gibbs and his son, Brian, are planning to start their own transport business, Thomas
having
been in the industry for over 30 years. Brian has just obtained a Certificate of Professional
Competence in order that they can obtain a Standard Operator’s Licence. Brian is explaining
to his
father the key criteria that the new business must meet in order to obtain and keep the licence.
Identify FIVE of these criteria and, for each, give a brief explanation.
1 Financial standing – the applicant will need to show that they have funds available to maintain the authorised
vehicles/trailers and run the business
2 Good repute – the applicant and any person on whom the licence depends must be of good repute. They will
declare any convictions they have had in the past 5 years
3 Suitable operating centre(s) – the operating centre(s) must have sufficient off street parking for the authorised fleet
4 Evidence professional competence – the transport manager nominated on the licence must be able to evidence
professional competence. Original certificates of qualification must be forwarded to the Traffic Commissioner
5 Suitable maintenance arrangements – the Traffic Commissioner will require sight of maintenance contracts if
safety inspections and or maintenance is to be carried out by external maintenance providers. Details of staff and
facilities for maintaining vehicles if elect to carry out these obligations in-house
6 Access to a vehicle – this means that the applicant must either own a vehicle to be used under the licence or have
a formal contract in place to hire one when needed
7 Properly established in GB – the applicant will have premises in GB in which they keep their core business documents
8 Systems in place to show a Traffic Commissioner that the applicant has adequate systems and procedures in place
to ensure legal compliance with regard to drivers’ hours etc
You have recently been appointed as the Transport Manager for a small agricultural merchant
based in mid-Wales. You are replacing the previous holder of the position, who left the business
several months ago due to the loss of his ‘good repute’.
List and briefly explain SIX situations that may contribute to loss of repute.
1 Vehicles – a conviction for using an unroadworthy vehicle
2 Speeding – offences relating to goods vehicles exceeding speed limits
3 Overloading – a conviction of using a vehicle in an overloaded state
4 Drivers’ hours – conviction for offences committed under the drivers’ hours rules
5 Environmental protection – a conviction under the Environmental Protection Act
6 Prison sentence – if a period of imprisonment in excess of 3 months was imposed
7 Community service – a community service order in excess of 60 hours
8 A fine exceeding Level 4 on the penalty scale
9 Weights and dimensions – a contravention of the weights and dimensions regulations
10 Offence committed outside of GB are also notifiable to the Traffic Commissioner
3.You are applying for a Standard National Licence for your limited company. Identify 6 of the
documents that would accompany the application and explain their purpose when considered by
the Traffic Commissioner.
1 Full page of newspaper showing the advertisement – evidences that advertisement was placed in local
newspaper to proposed operating centre, that the correct wording was used and the date is shown to support the
application
2 Evidence of financial standing – evidences that the applicant has sufficient funds to maintain the fleet and run
the business
3 Maintenance contract – to satisfy the Traffic Commissioner that there are arrangements in place to ensure
vehicles will be maintained and inspected to meet the criteria required
4 Copies of safety inspection forms – shows the Traffic Commissioner the items that will be checked by the
maintenance provision when undertaking safety inspections
5 Certificate of Incorporation – where the applicant is a limited liability company this document will confirm the
status of the organisation
6 Landlord’s letter of authority – this shows that the applicant has the right to park goods vehicles at a leased
operating centre
7 Evidence of professional competence – the original documents are sent to the Traffic Commissioner to show that
the requirements for professional competence have been met
8 TM1 form – completed by the nominated transport manager to acknowledge duties and responsibilities
.As an operator you wish to change your operator licence from a Restricted to a Standard
International licence. Explain the procedures that need to be followed including any forms used to
allow the application to be processed.
1.Complete the GV80A and submit to the Central Licensing Unit at least 9 weeks before the Standard International
Licence is required
2. Employ a professionally competent person qualified to an international level
3. Provide evidence of financial standing for a standard international licence (€9,000 for first vehicle and €5,000 for each subsequent vehicle
When applying to the Traffic Commissioner for an international operator’s licence, an applicant
must prove they have adequate financial resources for the number of vehicles authorised. State the
figures (in Euros) required:
First vehicle £9000 Every additional vehicle £5000
- What level of financial resources must an international road haulier have available to run a fleet of6 vehicles on a standard international operator’s licence? (State the figures required in euros)
34000
Which authority issues Community Licences?
The Traffic Area Office in which the Standard International Licence is held
If an operator operates 10 vehicles and has a margin of 15 vehicles how many Community Licences
are required including certified copies?
certified copies issued for the authorised vehicles plus the original for the transport office
A Community Licence is normally valid for what period?
Valid for a period of 5 years
An own account operator carrying his own goods from the UK to France is asked to bring back a
load for another company on a hire and reward basis. What type of operator’s licence must be held
in order to carry out this work?
A Standard International Licence is required
An operator’s licence is required when goods vehicles exceed a weight threshold of how many
tonnes?
3.5 tonnes gross vehicle weight
The maximum time for transferring an authorised vehicle from an operating centre in one traffic
area to an operating centre in another traffic area without relicensing it is?
A vehicle transferred between traffic areas for up to 3 months
Where must a certified copy of the Community Licence be kept during an international journey?
The certified copy will be carried on board the vehicle that is undertaking the international journey
State 3 possible actions a Traffic Commissioner can take against an operator’s licence if the
operator fails to fulfil the criteria laid down at the time the licence was issued?
Licence can be suspended, curtailed or revoked by the Traffic Commissioner
What type of operator’s licence is required for an own account operator when transporting goods to countries within the EU?
A restricted operator’s licence would be the minimum requirement
If an operator wishes to change from a restricted to a standard international operator’s licence
what actions must he/she take?
1 Complete form GV80A and submit for the attention of the Traffic Commissioner
2 Employ a professionally competent person who holds an International CPC or equivalent
3 Provide evidence of sufficient funds to meet the criteria for the granting of a Standard International Licence
4 Applicant also proves that applicant, directors and nominated transport manager(s) are of good repute
Briefly explain the purpose of a Community Licence
The Community Licence removes the need for permits to operate goods vehicles for hire and reward in EU member
Countries
State 3 requirements that apply to the use of Community Licences
The Community Licence is valid for 5 years
2 Certified copy must be carried on vehicles engaged on international journeys
3 Used for hire and reward operations
4 Original community licence document is kept in the transport office of the operator
What is the role of the traffic commissioner
The Secretary of State for Transport appoints one
Senior Traffic Commissioner
. This individual has a duty
to provide information to the other Traffic Commissioners, on the interpretation of the law. This
General
Direction
and
Guidance
is brought together in 14 ‘Statutory Documents’ many of which provide a rich source
of information relevant to goods vehicle Operator Licence compliance. The statutory documents relevant to
the carriage of goods are:
1
Good repute and fitness.
2
Finance.
3
Transport managers.
4
Operating centres, stable establishments and addresses for service.
5
Legal entities (including Insolvency and Regulation 31 and Section 57 applications).
6
Vocational driver conduct.
7
Impounding.
8
Delegation of authority (in terms of staff and multiple licence holders).
9
Case management.
10
Principles of decision making and the concept of proportionality.
11
Format of decisions (including publication, written reasons and decisions).
12
Appeals.
When would operator licencing come into effect ?
Vehicle and trailer operations where the combined gross weight of the towing vehicle and the trailer (Gross
Train Weight – GTW, or Gross Combination Weight – GCW) exceeds 3.5 tonnes, will also come into scope of
the regulations.
What criteria do applicants have to meet for a restricted operators licence ?
Applicants for Restricted Operator Licences are required to meet the following criteria:
•
Fitness to hold a licence.
•
Appropriate financial standing.
•
Adequate maintenance facilities or arrangements.
•
Suitable operating centre or centres.
•
Capability to ensure compliance with the relevant rules.
What is the appropriate financial standing for a restricted licence ?
The financial standing requirement is intended to ensure that an operator has adequate working capital. For Restricted Operator Licences , this is specified under domestic legislation as £3,100 for the first vehicle and £1,700 for each subsequent vehicle. Unlike the financial standing requirement for Standard Operator Licences, these amounts are not subject to annual review.
What is the criteria for a standard national licence ?
Applicants for Standard licences are required to meet the following criteria: • Effective and stable establishment. • Access to vehicles. • Good repute. • Appropriate financial standing. • Professional competence. • Adequate maintenance facilities or arrangements. • Suitable operating centre or centres. • Capability to ensure compliance with the relevant rules.
What is classed as a road transport offence ?
A road transport offence is defined as an offence relating to:
•
Drivers’ hours of work or rest periods.
•
The weights or dimensions of commercial vehicles.
•
Road or vehicle safety.
•
The protection of the environment.
•
Any other offence concerning professional liability.
•
Any offence outside the UK corresponding to the above.
What are the most serious infringements ?
‘Most Serious Infringements’ are:
•
Exceeding the maximum 6-day or fortnightly driving time limits by margins of 25% or more.
•
Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50% or
more without taking a break or without an uninterrupted rest period of at least 4.5 hours.
•
Not having a tachograph and/or speed limiter, or using a fraudulent device able to modify the records
of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded
from the tachograph and/or the driver card.
•
Driving without a valid roadworthiness certificate (where required by law).
•
Driving with a severe defect in the braking system, steering linkages, wheels, tyres, suspension
or chassis.
•
Transporting dangerous goods other than in accordance with regulations.
•
Carrying goods without holding a valid driving licence or carrying by an undertaking not holding a
valid Community licence.
•
Driving with a forged or otherwise falsified driver card, or someone else’s card.
•
Overloading by 20% or more for vehicles with a MAM over 12 tonnes, and by 25% or more for vehicles
with a MAM not exceeding 12 tonnes.
What is the current financial standing levels for a standard licence ?
8000 - first vehicle
4450 every other vehicle
EU 9000 FIRST VEHICLE
every other vehicle 5000
What is evidence of financial standing
Evidence of Financial Standing
For operators,
EU law
specifies the following methods of demonstrating compliance:
•
A statement of assets and liabilities certified by a suitably qualified individual (eg, an accountant).
•
A financial guarantee (eg bank or building society guarantee).
The United Kingdom has chosen to take advantage of a derogation allowing Traffic Commissioners to look at
other evidence such as overdraft facilities, credit facilities and ‘invoice finance’ agreements (factoring).