3E+W+SReferences in Part II of this Act to professional competence are to the professional competence of an individual; and a company satisfies the requirement as to professional competence if, and so long as, [F1it has a transport manager or transport managers of its road transport business who, or each of whom, is of good repute and professionally competent].
Textual Amendments
F1Words substituted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 3
Modifications etc. (not altering text)
C1Sch. 3 para 3 amended by S.I. 1986/1628, reg. 5(1), Sch.
4E+W+SWhere an individual is not himself professionally competent, the requirement as to professional competence shall be regarded as satisfied in relation to him if, and so long as, he has a transport manager of his road passenger transport business who is of good repute and professionally competent.
5[F2(1)]Where the holder of a PSV operator’s licence [F3relies on a single transport manager] to satisfy the requirement as to professional competence and that manager—E+W+S
(a)dies or ceases by reason of physical disability or mental disorder to be capable of discharging his duties as transport manager;
(b)ceases to work for the business; or
(c)ceases to be of good repute,
the holder shall nevertheless not be treated as failing to satisfy that requirement until the expiry of such period as in the opinion of the relevant traffic [F4commissioner] is reasonably required for the appointment of a new transport manager.
[F5(2)Where the holder of a PSV operator’s licence is a company with two or more transport managers and any of them ceases to be of good repute the company shall nevertheless not be treated as failing to satisfy the requirement as to professional competence until the expiry of such period as in the opinion of the relevant traffic commissioner is reasonably required for his removal or the appointment of a transport manager in his place.]
Textual Amendments
F2Sub-para. renumbered by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 5
F3Words substituted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 4
F4Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 21(b)
F5Sub-para. (2) inserted by S.I. 1990/1851, reg. 2(1)(2), Sch. para. 5
Modifications etc. (not altering text)
C2Sch. 3 para 5 amended by S.I. 1986/1628, reg. 5(1), Sch.
6[F6(1)] Subject to paragraph 10 below, an individual shall be regarded as professionally competent for the purposes of Part II of this Act if, and only if,—E+W+S
[F7(a)he has demonstrated that he possesses the requiste 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 paragraph by the Secretary of State.
[F8(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.
(3)The certificate mentioned in sub-paragraph (1)(a) must take the form of the certificate set out in Annex Ia to that Directive.]
Textual Amendments
F6Sch. 3 para. 6 renumbered as Sch. 3 para. 6(1) (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))
F7Sch. 3 para. 6(1)(a) substituted (1.10.1999) by S.I.1999/2431, reg. 4(1) (with reg. 6(3))
F8Sch. 3 para. 6(2)(3) inserted (1.10.1999) by S.I. 1999/2431, reg. 4(2) (with reg. 6(3))
7E+W+SIn paragraph 6 above “approved body” means—
(a)a body approved by the Secretary of State for the purposes of that paragraph; or
(b)a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46A(5)(c) of the M1Transport Act (Northern Ireland) 1967; or
(c)a body or authority designated by another member State for the purposes of [F9Article 3(4) of Council Directive No. 96/26/EC];
and “the requisite skills” means [F10knowledge 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.]
Textual Amendments
F9Words in definition of “approved body” substituted (1.10.1999) by S.I. 1999/2431, reg. 4(3)(a) (with reg. 6(3))
F10Words in definition of “the requisite skills” substituted (1.10.1999) by S.I. 1999/2431, reg. 4(3)(b) (with reg. 6(3)
Marginal Citations