Goods Vehicles (Licensing of Operators) Act 1995

Professional competence E+W+S

7 In this Schedule references to “the requirement of professional competence” are references to any requirement imposed by a provision of this Act that a person be (or continue to be) professionally competent. E+W+S

8 (1) The requirement of professional competence falls to be satisfied by an individual. E+W+S

(2) Accordingly, where a company is required to satisfy that requirement, it does so if and so long as—

(a) it has in respect of its road transport undertaking a transport manager or managers, and such number of them as the traffic commissioner concerned 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.

9 Where an individual is not himself professionally competent, he shall be regarded as satisfying the requirement of professional competence if and so long as he has as the transport manager of the transport undertaking which he carries on an individual who is— E+W+S

(a) of good repute, and

(b) professionally competent.

10 Where the holder of a standard licence relies on a single transport manager to satisfy the requirement of professional competence and that manager— E+W+S

(a) dies,

(b) ceases, by reason of physical disability or mental disorder, to be capable of discharging his duties as transport manager,

(c) ceases to work for the business, or

(d) ceases to be of good repute,

the holder of the licence shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period (not exceeding 18 months) as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for the appointment of a new transport manager.

11 Where— E+W+S

(a) the holder of a standard licence is a company which has two or more transport managers, and

(b) any of those managers ceases to be of good repute,

the company shall not be treated as failing to satisfy the requirement of professional competence until the expiry of such period as, in the opinion of the traffic commissioner by whom the licence was issued, is reasonably required for that manager’s removal or the appointment of another transport manager in his place.

12 Paragraphs 1 to 5 shall have effect for the purposes of any provision of paragraphs 8 to 11 by virtue of which it falls to be determined whether or not a transport manager is of good repute as they have effect for the purpose of determining for the purposes of any other provision of this Act whether or not any other individual is of good repute, but disregarding the reference in paragraph 1(1)(a) to the servants or agents of an individual. E+W+S

13 (1) An individual shall be regarded as professionally competent if, and only if— E+W+S

(a) he has demonstrated that he possesses the requisite skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or

(b) he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this sub-paragraph by the Secretary of State.

[F1 (2) The written examination mentioned in sub-paragraph (1)(a) may be supplemented by an oral examination organised by the approved body in the form set out in Annex I to Council Directive No. 96/26/EC.

(2A) The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex Ia to that Directive.]

(3) In sub-paragraph (1)—

• “approved body” means—

  (a)

  a body approved by the Secretary of State for the purposes of that sub-paragraph;

  (b)

  a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the M1 Transport Act (Northern Ireland) 1967; or

  (c)

  a body or authority designated for the purposes of Article 3.4 of [F2 Council Directive No. 96/26/EC] by a member State other than the United Kingdom; and

[F3 “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to that Directive in the subjects there listed.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Sch. 3 para. 13(2)(2A) substituted (1.10.1999) for para. 13(2) by S.I. 1999/2430, reg. 4(1) (with saving in reg. 5(3)(4))

F2 Words in Sch. 3 para. 13(3)(c) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(a) (with savings in reg. 5(3)(4))

F3 Definition in Sch. 3 para. 13(3) substituted (1.10.1999) by S.I. 1999/2430, reg. 4(2)(b)(with savings in reg. 5(3)(4))

Modifications etc. (not altering text)

C1 Sch. 3 para. 13 modified (1.10.1999) by S.I. 1999/2430, reg. 5(4)

Marginal Citations

M1 1967 c. 37 (N.I.).

F4 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4 Sch.3 para. 14 repealed and superseded (1.10.1999) by S.I. 1999/2430, reg. 5(5)