A recent Upper Tribunal case shows that failure to communicate with the Traffic Commissioner’s office can have severe consequences as a transport manager was unable to provide CPC certificate, even though the transport manager finally provided a copy of the certificate.
The case involved a failure to comply with the request that was sent to all standard licence holders following the introduction of EU regulation 1071/2009 where the Traffic Commissioners were requesting information about nominated transport managers. The operator ignored the initial request and then wrote to the Office of the Traffic Commissioner stating that he had held a licence for nearly 30 years but couldn’t supply his CPC number as he had misplaced the certificate. The Office of the Traffic Commissioner replied saying that he must complete a TM1 form and supply his original CPC certificate. As there was no reply to this or attempts to contact the operator by phone, a letter was sent making it clear that further failure to respond would result in the licence being revoked. The operator then made attempts to obtain a duplicate and the deadline was extended. As no duplicate CPC certificate was received by the extended deadline, the licence was revoked.
The Upper Tribunal took a strict line and refused an appeal. It was clear that an original CPC certificate had been required as early as November 2011, yet the operator did nothing about seeking a replacement until April 2013. Even though he now had a duplicate certificate, the Upper Tribunal took the view that this was not new evidence and should have been made available long before the deadline.
The moral of the case is keep the Traffic Commissioner’s office informed. If you have misplaced vital documents ensure that replacements are obtained promptly. I can provide advice if you are not sure as how to go about obtaining replacement documents. Ignoring the situation means that this operator will now have to apply for a new licence and interim at a cost of over £700.
If you would like advice on any aspect of responding to correspondence from VOSA or the Office of the Traffic Commissioner, then please contact me on 01756 790631