Now that the cut off date for operators' to submit their completed transport manager questionnaires to VOSA has passed, holders of Transport Manager Grandfather Rights that are not presently specified on any operator licence should be thinking about applying for an acquired rights certificate, if they still want to retain the ability to go back to a transport manager role in the future.
Transport Manager Grandfather Rights (GFR) Certificates (GV203) were issued by the Traffic Commissioner's to those with experience of operating licenced goods vehicles before 1st January 1975. Each GV203 certificate has a unique number on it that identifies the holder and this needs to be provided to VOSA before 4th December 2013 if you want to keep your rights.
This is because professional competence in road transport management by people who have not gained a Certificate of Professional Competence by examination or membership of an approved body are changing from the 4th December 2011. The name of this right by experience is being changed to Transport Manager Acquired Rights (AR), so it is clear that the renewed rights are issued in compliance with Article 9 of the new EU regulation on operator licensing (EC Regulation 1071/2009 - called in this document ‘The Regulation’).
Only those with existing Transport Manager GFR are eligible to apply for Transport Manager AR. The Regulation requires that holders of GFR who are not specified on an operators' licence on 4th December 2011 must be able to prove that they have continuously managed at least 1 road haulage undertaking, or a road passenger transport undertaking, for the period of 10 years upto 4th December 2009. The cut off for the issue of AR certificates is 4th December 2013.
Temporary breaks in the requirement for ‘continuous management’ within ten years up to 4th December 2009 that are deemed by the authorities to be legitimate and unavoidable - for example to take account of long-term sick leave or maternity leave - will normally be accepted. In view of this, the Department for Transport (DfT) is asking applicants to explain their role as a transport manager in a road haulage undertaking or a road passenger transport undertaking from the 4th December 1999 to the present. This is why we advise you start compiling your evidence as soon as possible.
Most GFR holders, where the DfT has sufficient evidence, and who are currently listed on an operators licence as a transport manager with grandfather rights, will have their Acquired Rights certificate sent to them automatically. This process should begin in November 2011 and we are told it is hoped that all eligible persons will have been notified by the end of this year - 2011. If you believe that you qualified for an automatic issue of a new 'acquired rights' certificate, but have not received one by the end of 2011, you are advised to contact Steve Blackmore at the DfT by e-mailing him at: steve.blackmore@dft.gsi.gov.uk
Remember, it is only those who are not listed as a transport manager on a current operator’s licence that need apply for an AR certificate.
The application form is in two parts:
Part 1 asks for details about the GFR holder, including the serial number of their current GFR certificate, as stated above. If a person was not issued with one of these certificates they cannot now claim one and they cannot apply for AR. Some details in this part of the form, such as date and place of birth are required by the new UK National Register of Hire or Reward Operators -which all EC Member States must maintain under the new Regulation.
Everyone who is or who becomes a nominated transport manager on an active Standard operator’s licence (O-licence) will in the future be put on the UK National Register and their information will become available to licensing authorities in other EU Member States.
Further information on the UK National Register is available from the Department for Transport - Telephone: 020 7944 3339.
Part 2 of the application form for acquired rights to be granted asks for details of the work undertaken as a transport manager from 4 December 1999 to the present. This will help inform the decision about entitlement. The names and addresses (and O-licence number if possible) for all operators worked for during the period - including dates and contact details for verification purposes - is required to be given. This should include details even if companies are no longer trading, or are now trading under a restricted licence, or are now exempt from operator licensing or are located outside the UK. Where information is not available or not known the applicant is requested to write "NK" (not known).
PLEASE NOTE!
Acquired Rights can only be granted up to 4th December 2013. To continue to be able to be specified as the nominated transport manager on a standard licence Acquired Rights must have been confirmed by that date.
The decision about whether sufficient evidence exists in individual cases rests with the Secretary of State for Transport. However, applicants will be able to appeal the decision of the Secretary of State to a Traffic Commissioner. Details of the appeal process will be included with the decision letter received by the applicant if AR are refused. If AR are granted, the applicant will be issued with a Transport Manager AR certificate.
Steve Williams
article amended 26/10/2011