What do Socrates, William Butler Yeats, Albert Einstein, Henry Ford and Abraham Lincoln have in common?
Apart from each being considered to be a master of his respective field, each is responsible for having stated the value of life-long learning and education in the form of a single phrase - a phrase thought to be profound enough to become a "quotable" maxim for the modern age (it was Einstein, for example, who said "Intellectual growth should commence at birth and cease only at death").
Continuing Professional Development ("CPD") may be a relatively modern concept in corporate jargon terms, but the rationale behind CPD is precisely what each member of this illustrious list had in mind. The idea is, after all, a simple one: learning never stops; one's knowledge, even in one's chosen field of expertise, can never be complete.
The completion of a set number of CPD hours every year can be a stipulated requirement. Lawyers, doctors and accountants must all expect to have to keep on learning throughout their careers.
Whilst there may not be a regulatory obligation for nominated transport managers or the holders of Certificates of Professional Competence who are not presently nominated on any operator's licence to submit an annual record of CPD hours completed, it is nevertheless important that one stays up to date.
The Importance of Up to Date Knowledge
The role of a transport manager is a statutory one; the job description is enshrined in law. The headline is that a nominated transport manager is charged with the responsibility to "effectively and continuously" manage the transport activities of any operator's licence undertaking for which they are nominated. That effective and continuous management includes ensuring that the transport undertaking keeps a long list of promises to the Traffic Commissioner, many of them designed to provide reassurance that the operator will run its vehicles lawfully and safely.
Whilst the transport management CPC qualification is designed to ensure that anyone who obtains it possesses the knowledge they need to meet the professional competence requirement, the reality is that (subject to a loss of professional competence), a TM is currently only required to take the exam once. It follows, particularly where the qualification was achieved some years ago (and even more likely when the CPC was acquired via grandfather rights rather than by examination), that a TM's knowledge of the regulatory regime and what is expected to run a fully compliant operation can become outdated if efforts are not made to ensure that a TM's knowledge remains up to date.
To be able to keep the promises made upon the grant of an O-Licence effectively and continuously requires a transport manager's knowledge to be current (and to remain so). As in many other industries, the road transport sector is an ever-changing beast; technologies change, standards change, understanding changes, best-practice guidance changes - and most fundamentally, the law itself changes. It must follow that the people who, in legal terms, hold a vital role in managing the whole undertaking compliantly, have to move with the times.
If that were not enough, another convincing argument for the need for transport managers to undertake CPD and to ensure their knowledge is up to date: it is what the Traffic Commissioners expect.
The currency of a transport manager's knowledge - worded explicitly in terms of a TM being able to demonstrate relevant CPD - is a specific checklist item on both DVSA maintenance and traffic assessment audits, and any transport manager who is unable to demonstrate that their knowledge is up to date may attract an "unsatisfactory" finding. Too many unsatisfactory findings can lead to an operator being called up to a Public Inquiry - and of course, if a transport manager's knowledge is not up to date, the chances are that there will be other compliance failings.
It follows that it is not unusual for the core failings that trigger a call up to a Public Inquiry to be attributed, at least in part, to a transport manager's failures to manage things effectively - and potentially, all for want of an update to the TM's training.
And where the transport manager's own failings are held to be largely responsible for the operator's failings, then the TM's own repute is in jeopardy, too. A transport manager's failure to ensure that they are up to date may go directly to his or her repute, and in the worst cases, a TM can lose his or her repute and with it, their livelihood, due to failures that would have been avoided if they had had refresher training.
Not having been to a refresher training course for years, and thus not knowing what was required, is unlikely to be accepted by a Traffic Commissioner as a good excuse for residing over non-compliance.
Ways to Train
There are a number of ways in which TMs can ensure that their knowledge remains up to date:
CPC Refresher Training Courses:
Where operators attend public inquiries, Traffic Commissioners are sometimes willing to accept undertakings that a refresher training course will be attended by transport managers - so it is clear that the Traffic Commissioners attach value to such courses.
Subject Specific Training Courses:
In addition to a TM CPC refresher course which should cover the key areas, transport managers ought also to make sure their knowledge on specific core areas remains up to date - for example, digital tachographs and drivers' hours/working time etc.
Internal Training
In addition to formal training courses provided by recognised bodies, there is also great value in drawing upon the expertise of people trained in specific areas: for example, transport managers without a background in maintenance would likely benefit from a day in the workshop with a qualified fitter who can take them through a regular safety inspection and some basic repairs.
Industry Guidance
Every Transport Manager should ensure that they regularly access - and read - the latest versions of DVSA publications and guides, including the Guide to maintaining Roadworthiness, Safe Operators Guides, and Rules on Tachographs and Drivers' Hours. Ensuring these are the up to date versions is vital because advice on best practice changes over time.
Trade Press
There are a number of road transport industry-specific publications available and many of these contain relevant articles and features on industry changes - transport managers would do well to keep track of the latest industry developments by regular reading of the trade periodicals.
Senior Traffic Commissioner Guidance Documents
Over the years the Senior Traffic Commissioner has published guidance documents which are available free via the government website: Click here to access it. Operators are expected to know their contents and the same goes for nominated transport managers.
Record Keeping
Records should be kept of all training undertaken - whilst certificates should be obtained confirming attendance at formal training courses, transport managers ought to log any other training and development steps that they take - including informal, internal training - so that they are able to produce a full set of records which demonstrate all of the steps taken to Continue their Professional Development.
If you would like any help or assistance with the issues raised in this article, why not give us a call on 01279 818280 or click here to send an email.
(c) Richard Pelly. First appeared in Croner-I. April 2019.
![Highway transportation with cars and Truck](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/road-at-dusk.jpg)
More News and Insight
![Social Media – Have you Thought about your Employees’ Use? Social Media – Have you Thought about your Employees’ Use?](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/computer-800x600.jpg)
Social Media – Have you Thought about your Employees’ Use?
Social Media is all encompassing in the modern world, but although it brings many positives, it can place employers in vulnerable positions if their employees’ use is not carefully defined…
![Changes to the Clandestine Entrant Civil Penalty Scheme means a Stitch in Time Really Does Save Nine! Changes to the Clandestine Entrant Civil Penalty Scheme means a Stitch in Time Really Does Save Nine!](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/hgv-blur-800x556.jpg)
Changes to the Clandestine Entrant Civil Penalty Scheme means a Stitch in Time Really Does Save Nine!
The Clandestine Entrant Civil Penalty Scheme has been in place for over 20 years. It is designed to complement law enforcement activity against criminals who smuggle people into the UK illegally as well as deter those who decide to try to enter the country without permission…
![Driving in the UK? Read about the latest Rule Changes in 2024 Driving in the UK? Read about the latest Rule Changes in 2024](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/roundabout-night-800x561.jpg)
Driving in the UK? Read about the latest Rule Changes in 2024
Earlier this year various new driving laws were introduced, impacting both standard road users as well as HGV and PSV road users across England, Wales & Scotland. If you are driving in the UK, especially if you are a commercial driver, then you should ensure that you are aware of these amendments and new rules…
![Self-Driving Cars on UK Roads to be Reality by 2026 Self-Driving Cars on UK Roads to be Reality by 2026](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/road-morning-800x600.jpg)
Self-Driving Cars on UK Roads to be Reality by 2026
It seems that one of the first areas that will be breaking the ground in the AI revolution into most people’s everyday lives will be Self-Driving cars! Of course we have heard all this before, and more than once!
![Are You Taking your Responsibilities to Maintain your Vehicles Seriously? Are You Taking your Responsibilities to Maintain your Vehicles Seriously?](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/lorry-underside-800x600.jpg)
Are You Taking your Responsibilities to Maintain your Vehicles Seriously?
Running a haulage business is not an easy undertaking. There are a multitude of decisions to be made on a daily basis before any driver actually gets behind the wheel and delivers the goods (or passengers!).
![Update to the Guide to Registering & Operating Local Bus Services in England & Wales Update to the Guide to Registering & Operating Local Bus Services in England & Wales](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/psv-head-on-800x600.jpg)
Update to the Guide to Registering & Operating Local Bus Services in England & Wales
The Senior Traffic Commissioner’s guide to registering and operating local bus services in England and Wales is intended to help operators of local bus services understand the requirements for registering a service.
![Changes to the HGV & PSV Test Regime for Earned Recognition Operators Changes to the HGV & PSV Test Regime for Earned Recognition Operators](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/lorry-tyre-maintenance-800x600.jpg)
Changes to the HGV & PSV Test Regime for Earned Recognition Operators
In March 2021 the Government began a review into the processes for commercial vehicle testing to look at ways it could improve the regime for operators whilst still maintaining high safety standards for any vehicle used commercially on the UK’s roads.
![Employment Law Updates for 2024 Employment Law Updates for 2024](https://www.transportlawyer.co.uk/wp-content/uploads/2024/02/employment-law-banner-800x600.jpg)
Employment Law Updates for 2024
The Government has confirmed several legislative employment law changes to be implemented 2024, which aim to bring about a “fairer workplace for employees”.
![Campaign to Bar Schools from using Section 19 Permits Campaign to Bar Schools from using Section 19 Permits](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/road-overhead-800x600.jpg)
Campaign to Bar Schools from using Section 19 Permits
In March 2024 a campaign was started to end the operation of minibuses by schools and colleges under Section 19 permits.
![Moving to a Digital First Approach in Heavy Vehicle Testing Moving to a Digital First Approach in Heavy Vehicle Testing](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/lorry-tyre-inspection-800x600.jpg)
Moving to a Digital First Approach in Heavy Vehicle Testing
The DVSA has published an update to their digital transformation project for heavy vehicle testing. The update is for the new Manage Your Vehicle Testing (MyVT) digital service across vehicle testing.
![Traffic Commissioner Highlights Abuse of Section-19 Permits Traffic Commissioner Highlights Abuse of Section-19 Permits](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/psv-side-profile-800x600.jpg)
Traffic Commissioner Highlights Abuse of Section-19 Permits
In a Section 19 Public Inquiry hearing heard last year (2023) the Traffic Commissioner highlighted again the importance of permit operators ensuring that their vehicles allow passengers and other road users to be safe.
![Enero Logistics Ltd – the Law for Operators on Agency Drivers Enero Logistics Ltd – the Law for Operators on Agency Drivers](https://www.transportlawyer.co.uk/wp-content/uploads/2024/03/wheel-and-dash-800x600.jpg)
Enero Logistics Ltd – the Law for Operators on Agency Drivers
At one time or another, many transport companies need to rely on the services provided by agency drivers, to best cope with sudden fluctuations in demand or to fill driver shortages. This allows for the undisrupted continuation of services by these organisations.