WHAT HAPPENS IF MY TRANSPORT MANAGER LEAVES?

Tell the traffic commissioner within 28 days

If your nominated Transport Manager leaves, dies, resigns or stops working the hours they declared, you must tell the traffic commissioner. The guidance sets this at 28 days, and it is a condition of a standard licence. Do not wait until you have found a replacement. The notification comes first.

The period of grace

A standard licence needs a Transport Manager who meets the requirements, so losing yours puts the licence at risk. The traffic commissioner can allow a period of grace to find a replacement. The guidance says this can be up to six months, with a further three months in cases of death or incapacity. The Senior Traffic Commissioner's starting point is three months.

A period of grace is not automatic. You should expect to show real evidence that you are working towards a replacement, such as interviews, offers and applications. The Upper Tribunal has described what is needed as tangible evidence of reasonable prospects of success, not hope and aspiration.

A proposed replacement does not count yet

Someone you have lined up does not count until the traffic commissioner has accepted them as your Transport Manager. If the period ends and you still do not have an accepted Transport Manager, the traffic commissioner must revoke the licence. Failing to appoint a replacement, or failing to keep the traffic commissioner informed, can also be treated as serious misconduct.

If your Transport Manager reduces their hours or resigns

Both you and the Transport Manager have a duty to tell the traffic commissioner if the hours change. A Transport Manager who resigns should also notify the traffic commissioner's office. Reduced hours can raise the same questions as a departure, because the test is whether the operation is managed continuously and effectively.

What to do straight away

• Tell the traffic commissioner in writing and keep a copy.
• Start looking at once and keep a written record of every step, including who you contacted and when.
• Consider an external Transport Manager, who can often start faster than a permanent hire.
• Keep your maintenance, drivers hours and driver checks running while you fill the gap, so the operation stays compliant in the meantime.

You can search the directory of Transport Managers or send one request and it goes to members who cover your area.