For Light goods vehicle operators ; Did you obtain your Transport Manager qualification through acquired or Grandfather rights as its better known?
Well you have until 25 May 2025 to get the qualification or appoint a qualified transport manager for your operation!!
Who does this affect ?
Light goods vehicle operators are companies who operate vehicles exceeding 2.5t and not 3.5t MGW with international journeys, So just to reiterate. If you only operate within the UK you are not affected by this change.
The following information is taken from the .Gov website
Application of acquired rights to LGVs
Subject to views and evidence provided as part of this call for evidence, we intend to take a similar approach in relation to acquired rights to once again offer a period of adaptation to businesses. We plan to adopt the approach offered by Regulation (EC) No 1055/2020 to allow individuals who declare that they have continuously managed LGV vehicles for 10 years prior to 20 August 2020 to be issued with a limited validity acquired rights certificate, allowing them to manage LGVs for a transitional period.
This approach is designed to give businesses the opportunity to have time to ensure that experienced and long-standing fleet managers who are currently undertaking this role can achieve the necessary Transport Manager Certificate of Professional Competence qualification.
A licence granted with a designated transport manager who has only qualified through these ‘transitional acquired rights’ will be restricted from operating larger vehicles, until such time that they complete the Transport Manager CPC qualification.
We understand there are some risks with this approach. A transport manager must possess high-quality professional knowledge in order to effectively and continuously manage transport activities. The holders of CPCs are encouraged to undertake continuing professional development, but the holders of acquired rights may not be as up-to-date.
Overall, we believe the risk may be mitigated, as the people who qualify for this exemption will already be working in the industry and will, therefore, have experience in managing these fleets. The exemptions will not apply to people managing vehicles in excess of 3.5 tonnes.
We additionally take the view that the professionalism of the industry has increased since the introduction of the CPC qualification, as it provides a good grounding in the successful management of vehicles operated by a transport business.
While there will be people already successfully managing van fleets, without holding the Transport Manager CPC qualification, the proposal is that transport managers of LGV fleets qualifying via acquired rights should only do so for a temporary period. This should be sufficient to enable them to obtain the Transport Manager CPC qualification.
To ensure that the standards of professionalism within the industry are maintained, we consider that long term, all designated transport managers should hold this qualification irrespective of the type of fleet managed.
If a temporary period for the validity of acquired rights is to be implemented, its duration needs to be specified.
Proposed validity of acquired rights
We are, therefore, proposing that holding the qualification through transitional acquired rights will be time-limited to 3 years and these rights, and the associated qualification will expire after 20 May 2025.
After that time, all transport managers in the UK will be required to have obtained the Transport Manager CPC certificate.
We consider 3 years a reasonable and sufficient length of time for people working professionally as transport managers to obtain the qualification.
We understand from examination providers that, on average, people take around 18 months to pass the Transport Manager CPC qualification, and usually require more than one sitting to pass the examinations.
We are seeking evidence for whether this would be the most appropriate course of action.
We currently consider that the period for making applications for acquired rights should also be limited to a period of 2 years from the introduction of the revised regulation, that is, up to 20 May 2024. After this time no acquired rights could be issued.
Such an approach may assist in avoiding a cliff-edge situation where transport managers register at a point where they have insufficient time to complete the qualification before a May 2025 cut-off.
If this measure is agreed, the legislation should set out that these acquired rights certificates can only be relied upon to exempt from any operation until May 2025 (that is, 3 years from introduction).
Any person wishing to remain within the industry after this time would be required to have gained the CPC qualification. This reduces the long-term risk to operator standards presented by acquired rights while allowing an adequate period to undergo training. The 3-year period also ties into the CPD requirement as set out in Article 8 of EC 1071/2009 as amended and retained in UK legislation.
The application process, which is intended to be available via a digital-only service, for acquired rights can take the form of a self-declaration with the applicant on notice that they must produce required evidence at any time during the validity of the certificate or the application process.
Obtaining a Transport Manager CPC qualification for Attention Light Goods Vehicle Operators
Where a van fleet does not have an already qualified transport manager, or someone who is able to qualify for the transitional acquired rights that are planned to be offered, they will need to employ or contract a person who either, already has the Transport Manager CPC, or can take a course and pass the 2-part examination by May 2022.
Anyone issued with the transitional acquired rights exemption for Light goods vehicles will need to also take and pass the Transport Manager CPC examination to continue in this role after May 2025.
Training is provided by a large number of private sector companies and the examinations are conducted by awarding bodies who are usually accredited by the Office of Qualifications and Examinations Regulation (OFQUAL).
Based on previous experience, we understand it typically takes a candidate around 18-months to study for and pass the Transport Manager CPC examination.
So in short – Light Goods Vehicle Operators managing a fleet of light goods vehicles using the Acquired rights method then you need to have a qualified transport manager in place by 20th may 2025.
As much as this shouldn’t come as a shock, its easy to let life get in the way and always feel like there is a lot of time to sort it out so as we get closer to the deadline more and more operators are trying to find somewhere to complete the qualification.
the last 2 lines we’ve quoted say it takes around 18months to study for and pass the Transport Manager CPC examination. many providers offer intensive courses over a short period of time.
Can I just book the exams without attending any training ?
Even for Light Goods Vehicle Operators; As a Transport Management Examination Centre; We have a duty of care to ensure that all candidates sitting the exams have obtained the relevant knowledge before allowing them to sit an exam in our centre. These rules are set by NLTC which is the National Logistics Training Consortium and is the awarding body for this examination. Allowing someone to sit the exam without any relevant training could have fatal consequences if, for example, the manager lacked the knowledge on legalities of loading or inspecting vehicles. If time really is an issue we do offer a blended learning approach where you can study in your own time using our eLearning suite which is monitored by an approved and qualified Transport Management CPC Instructor. This can be completed over a few weeks or even up to 6 months depending how much time you have to invest.
If you have completed training with another provider and can evidence this then we can allow you to book the tests only. Depending on when you completed the training you may benefit from updated study materials which we can supply at a cost.