The RHA and the FTA are calling for transport managers who lose their repute to be given the right to appeal as individuals. The direction relating to the rights of appeal for transport managers is based on Section 37 of the Goods Vehicles (Licensing of Operators) Act 1995, which states:”A transport manager may not appeal against a traffic commissioners decision unless it is in connection with an appeal made by the licence holder.”
The calls follow a consultation over the first set of statutory guidance notes published by Senior Traffic Commissioner (STC) Philip Brown, which closed on 25th February.
Responding to the consultation, James fIrth, FTA head of road freight policy, believes a transport manager should be given the chance to appeal as an individual. “If a transport manager loses his repute, he can only appeal the decision through his company, which may cause a problem if the transport manager and company have fallen out with each other.”
Firth says the FTA is in talks with DfT officials to see if the law can be amended. RHA logistics development manager Nick Deal says the association would welcome a change in the legislation. ” We believe the lack of a right of appeal goes against basic human rights. If the transport manager is still on reasonable terms with the company and has left, he or she could still appeal through the company. However, the only other ways to appeal at the moment are through a judicial review or a direct letter to the TC explaining why you deserve to retain your repute.”
The STC tells MT he aims to publish and implement the final statutory guidance and directions by the end of March.

Extracted from Commercial Motor