5 Professional competence: transport managers
1 In accordance with Article 4.2 of the 2009 Regulation, where an applicant does not satisfy the requirement of professional competence, the Department may regard that requirement as satisfied if, and so long as, the applicant has—
(a) designated a transport manager or managers in accordance with that Article, and such number of them as the Department may require; and
(b) that transport manager, or (as the case may be) each such manager, is—
(i) of good repute; and
(ii) professionally competent.
2 The good repute of a transport manager shall be determined in accordance with section 46B of the 1967 Act.
Section 46B is substituted by regulation 9(9) of these Regulations