If your nominated Transport Manager resigns, is dismissed, becomes ill or dies, you have a problem to solve quickly. A standard Operator Licence depends on having a professionally competent Transport Manager in place, and losing one starts a clock. This guide explains what you must tell the Traffic Commissioner, how a period of grace works and how to protect your licence while you find a replacement.
It applies to standard national and international licences. A restricted licence does not normally require a nominated Transport Manager, although the compliance duties remain. See our guide to restricted and standard licences and our Restricted Operator Licence support page.
Why losing a Transport Manager matters
The Transport Manager is the person named on your licence as having continuous and effective management of your transport operations. Professional competence is a continuing requirement of a standard licence. If you no longer have an authorised Transport Manager, you no longer meet it, and the Traffic Commissioner has the power to revoke the licence.
Two things are easy to miss. First, you have a duty to tell the Traffic Commissioner about the change. Second, any extra time to find a replacement is discretionary. It is not something you are entitled to.
What you must do, and when
- Get the departure confirmed in writing. Record the date the Transport Manager stopped acting for you. This starts your timetable.
- Tell the Traffic Commissioner promptly. A change that affects your professional competence must be notified within 28 days, and you should not wait that long. Do it through the Vehicle Operator Licensing (VOL) service. Transport Managers who resign are also expected to notify the Traffic Commissioner themselves, so do not assume they have done it for you.
- Keep your compliance running. Losing a Transport Manager does not pause your obligations. Drivers’ hours, tachograph downloads, maintenance inspections, defect reporting and records must all carry on. Name a competent person to oversee them in the meantime, and write down who is doing what.
- Decide how you will replace them. Your options are set out below. The sooner you choose, the stronger any request for extra time will be.
- Ask for a period of grace if you need one. Do this in writing, with evidence and your plan for interim control. More on this below.
- Nominate the replacement through VOL. The Traffic Commissioner must be satisfied that the proposed person meets the requirements before they count.
- Watch the dates. If a period of grace is granted, you are responsible for diarising the expiry and asking for any extension before it ends.
How a period of grace works
If there is no authorised Transport Manager in place, the Traffic Commissioner can allow a period of grace to put it right. In practice:
- It can run for up to six months, and for a further three months where the Transport Manager has died or is physically incapacitated.
- The Senior Traffic Commissioner’s guidance sets a starting point of three months, which allows an extension towards the maximum if circumstances require it.
- It is not automatic. The Traffic Commissioner decides whether to grant it and for how long.
- You need tangible evidence, beyond hope and good intentions, that there are reasonable prospects of having an authorised Transport Manager before it expires. For example, a named candidate with a CPC who has agreed to take the role and whose details you can submit, or exam dates.
- Asking for a period of grace is in effect an admission that you no longer meet the requirement.
- If it expires without an authorised Transport Manager in place, the licence has to be revoked. Failing to appoint a replacement after a period of grace, or failing to communicate with the Traffic Commissioner, can itself be treated as serious misconduct.
A new person does not count just because they hold a CPC and have agreed to help you. They count only when the Traffic Commissioner has authorised them on your licence.
Your options for a replacement
1. An existing member of staff or director with a CPC
The quickest route if you have someone suitable. They need a valid CPC (an international one if you hold an international licence), good repute, UK residency, and a genuine link to your business as an employee, director, owner or partner. They also need enough time to do the job properly.
2. Recruit an internal Transport Manager
Hiring a CPC holder as an employee works, but recruitment takes time. If your period of grace is short, a realistic start date matters.
3. Appoint an external Transport Manager
A self-employed CPC holder can be appointed under a contract that sets out the tasks they will perform and their responsibilities. The guidance is clear that this has to be a real management role:
- they must be UK resident, of good repute and professionally competent;
- they can act for no more than four operators, with sole responsibility for no more than 50 vehicles in total;
- they must be able to manage your operation continuously and effectively, so the Traffic Commissioner will look at how far away they are and how often they will visit;
- the contract should be between you and the Transport Manager, with clear tasks and hours. Be wary of arrangements where a name is supplied as part of a wider package and the person is not genuinely managing your operation. The Traffic Commissioner will look at that closely, and it can put both your licence and the Transport Manager’s repute at risk.
We can help you find a suitably qualified, locally based CPC holder. See our External Transport Manager service and our guide to what an External Transport Manager actually does.
4. Qualify someone yourself
You can put forward someone who is working towards their CPC. It is the slowest route, and exam results are not guaranteed. A candidate who has already failed an exam makes it harder to persuade the Traffic Commissioner that a period of grace will be worthwhile.
What the Traffic Commissioner looks for in the replacement
When you nominate someone, expect questions about:
- Qualification and repute: a valid CPC for your type of licence, and no loss of good repute.
- Time: how many hours a week they will give you. The guidance gives starting points that rise with fleet size, for example 4 to 8 hours a week for 3 to 5 vehicles and 8 to 12 hours for 6 to 10 vehicles. They are only starting points, and other commitments count. Our article on Transport Manager time commitments explains how to judge it.
- Authority and access: whether they can see your records, deal with contractors, and influence decisions.
- Other commitments: other licences, jobs and distance from your operating centre.
- Up-to-date knowledge: if they have not managed a licence for some time, evidence of recent refresher training may be asked for.
Our guide to common Operator Licence application mistakes covers many of the same pitfalls.
Mistakes that put licences at risk
- Waiting. Leaving the notification until you have found a replacement uses up your 28 days.
- Treating a verbal agreement as an appointment. Until the Traffic Commissioner authorises the new person, they do not count.
- Leaving the old Transport Manager on the licence after they have gone. This misrepresents your position and can affect their repute as well as yours.
- Letting compliance slip. Drivers’ hours, maintenance and records matter just as much while you have no Transport Manager.
- Choosing a name on paper. A Transport Manager who cannot actually manage your operation is not a solution.
- Missing the expiry of a period of grace. If it expires without the requirement being met, revocation follows.
How HGV Consult can help
If you have lost a Transport Manager, the most useful thing is speed with a clear plan. We can help you:
- find a CPC-qualified External Transport Manager who fits your fleet, operating centre and work;
- prepare the evidence for a period of grace and for the nomination, with Operator Licence support;
- keep your maintenance, drivers’ hours and records in order in the meantime, with our transport compliance support.
Time matters here. Request a call back and tell us your fleet size, operating centres and the date your Transport Manager left.
This article is general information, not legal advice. Whether to ask for a period of grace, and how long to ask for, depends on your circumstances, so take advice if your licence is at risk. The rules are set by the Goods Vehicles (Licensing of Operators) Act 1995 and the Senior Traffic Commissioner’s Statutory Document No. 3 on Transport Managers, so check the current version, and the goods vehicle operator licensing guide ↗, before you act.