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Lowe’s Transport
Manager’s and
Operator’s Handbook
2021
First published in Great Britain as The Transport Manager’s Handbook in 1970 by Kogan Page Limited
Nineteenth edition published as The Transport Manager’s and Operator’s Handbook in 1989
Forty-first edition published as Lowe’s Transport Manager’s and Operator’s Handbook in 2010
Fifty-first edition published in Great Britain and the United States in 2021
Apart from any fair dealing for the purposes of research or private study, or criticism or review, as permitted
under the Copyright, Designs and Patents Act 1988, this publication may only be reproduced, stored or trans-
mitted, in any form or by any means, with the prior permission in writing of the publishers, or in the case of
reprographic reproduction in accordance with the terms and licences issued by the CLA. Enquiries concerning
reproduction outside these terms should be sent to the publishers at the undermentioned addresses:
2nd Floor, 45 Gee Street 122 W 27th St, 10th Floor 4737/23 Ansari Road
London New York, NY 10001 Daryaganj
EC1V 3RS USA New Delhi 110002
United Kingdom India
www.koganpage.com
The right of David Lowe to be identified as the author of this work has been asserted by him in accordance
with the Copyright, Designs and Patents Act 1988.
ISBNs
Hardback 978 1 78966 830 8
Paperback 978 1 78966 828 5
Ebook 978 1 78966 829 2
ISSN 2399-5114
A CIP record for this book is available from the British Library.
02 Professional Competence 53
Who May Become Professionally Competent? 54
Proof of Professional Competence 54
Examinations 55
vi Contents
Transfer of Qualifications 63
Driver CPC 64
Minimum Training and Qualification Requirements 67
Index 622
BIOGRAPHICAL NOTES
restaurants, shops and leisure sectors have not had such a busy time. Before the
crisis, road transport operations were already facing a struggle to recruit and retain
drivers and staff. Dependent on the business sector a haulage operator supports, the
pandemic and its aftershock will either aggravate this further or provide opportunity
to capitalise.
Although the pandemic didn’t bring about any specific regulatory change to trans-
port operations, we have seen mass relaxation and derogation on many rules.
Whether it is vehicle testing and maintenance, driver training and licensing, opera-
tional auditing and enforcement, or drivers’ hours and working time, most of the
regulations that are the pillars of our profession were relaxed in some way during
2020. An added complexity to an already very complex legislative framework. Some
existing rules have had to be re-emphasised; in particular, the Workplace (Health,
Safety and Welfare) Regulations 1992, where businesses must provide suitable toilet
and hand-washing facilities to drivers visiting their premises. If we are going to ad-
dress the deep-rooted problems of the transport profession, driver welfare and work-
ing conditions must be a top priority.
As much as I don’t like it, I really can’t avoid the term ‘at the time of writing’ when
it comes to Brexit. Trade talks between the UK and EU are still in the air and my
previous reference to uncertainty, insecurity and ambiguity are amplified. It has been
difficult to write anything of any meaning in the handbook that takes us past the
Brexit transition period and I have tried to avoid any speculation and supposition as
I am not sure it is that helpful in a book that references transport law and legal pro-
cesses. There are a few certainties to note though: 1) most EU or EC regulations are
actually enacted into UK legal statute, meaning a UK law would need to be repealed
to enact a change; 2) whilst the UK may not be a member of the European Union, it
does remain a member and signatory of many other European and international
agreements; 3) the issues of road safety, environmental impact and operational effi-
ciency will not be solved by Brexit.
Aside from the obvious, there are some other regulatory points to note. First,
Driver CPC delegates can now take up to two hours of a seven-hour course as e-
learning content. This must not be confused with the distance or remote training
relaxations used as a response to COVID-19. DVSA was very clear in stating this was
a planned change consulted on prior to the pandemic. The change allows up to two
hours of learning which can be completed by drivers ahead of a training course,
meaning face-to-face training can be reduced to five hours. It has been announced
that secondary legislation is to be introduced banning tyres aged 10 years and older
from HGVs, and PSVs on roads in England, Scotland and Wales. The legislation will
also apply to re-treaded tyres – with the date of re-treading to be marked, making the
age of the tyre clearly visible. Another point is a review and consultation on the revi-
sion of the Highway Code to improve the safety of the most vulnerable road users,
such as cyclists, pedestrians and horse riders. The main proposed change that HGV
xviii Introduction by Glen Davies
● EC Regulation 1071/2009/EC;
● The Road Transport Operator Regulations 2011 (SI 2632/2011/EC).
While much of the pre-existing operator licensing scheme described in this chapter
remains unchanged, there are certain new provisions which are noted in the follow-
ing text.
There are also guides and advice available from the website above, and the
goods vehicle operator licensing guide is available at GOV.UK. In addition, there are
13 Senior Traffic Commissioner statutory documents covering all aspects of opera-
tor licensing, which are also available at the GOV.UK website.
Goods Vehicle Operator Licensing 3
The Central Licensing Office (CLO) supports the TCs, and their roles as independent
licensing authorities are not affected. Traffic Area boundaries remain unchanged and
public inquiries continue to be held in the area of each TC. TCs are appointed by the
Secretary of State for Transport and are ‘independent quasijudicial authorities’,
which have the statutory power to grant or refuse operator licences, to place road
safety and environmental conditions or restrictions on such licences where necessary,
and subsequently to impose penalties against licences in the event of the holder being
convicted for goods vehicle-related and what are deemed to be ‘other serious’
offences, including offences related to health and safety, environmental issues,
commercial law, insolvency law, people and drugs trafficking, etc. TCs are supported
by Deputy TCs.
Figures published in March 2018 showed that there were 601,468 goods vehicles
authorized on 68,983 ‘O’ licences in Great Britain, of which 35,542 were restricted
licences, 25,160 were standard national licences and 8,281 were standard inter
national licences.
Source: Traffic Commissioners for Great Britain Annual Report to the Secretary of
State 2019–2020 (for the year ending 31 March 2020)
4 Lowe’s Transport Manager’s and Operator’s Handbook 2021
● register online to check their own licence details held on the Driver and Vehicle
Standards Agency (DVSA)’s operator licence computer system;
● transfer vehicles between licences they hold in different areas;
● track the progress of licence applications;
● set up access for other members of their staff, allowing greater access to records
and transactions for larger companies;
● pay licence fees and renew licences.
VOL also includes a template for advertising changes to their licences in local news-
papers.
Light Vehicles
The principal exemption applies to ‘light’ vehicles identified as follows.
Goods Vehicle Operator Licensing 5
● they are plated and the gross plated weight is not more than 3.5 tonnes;
● they are unplated and have an unladen weight of not more than 1,525 kg.
● both the vehicle and the trailer are plated, and the total of the gross plated weights
is not more than 3.5 tonnes (this is increased to 4.25 tonnes for alternatively
fuelled vehicles);
● either the vehicle or the trailer is not plated, and the total of the unladen weights
is not more than 1,525 kg.
NB: The text throughout this Handbook will refer to 3.5 tonnes as the relevant total
gross plated weight, as these sized vehicles make up over 95 per cent of these types
of vehicles.
● the semi-trailer is plated, and the total of the unladen weight of the tractive unit
and the plated weight of the semi-trailer is not more than 3.5 tonnes;
● the semi-trailer is not plated, and the total of the unladen weights of the tractive
unit and the semi-trailer is not more than 1,525 kg. However, this exemption does
not apply if other people’s goods are carried for hire or reward.
Older Vehicles
Also included in the exemptions are pre-1 January 1977 vehicles which have an
unladen weight not exceeding 1,525 kg and a gross weight greater than 3.5 tonnes.
Other Exemptions
Regulations list the following further specific exemptions from ‘O’ licensing
requirements:
1 Vehicles licensed as agricultural tractors used solely for handling specified goods,
and any trailer drawn by them.
2 Dual-purpose vehicles and any trailer drawn by them.
6 Lowe’s Transport Manager’s and Operator’s Handbook 2021
3 Vehicles used on roads only for the purpose of passing between private premises
in the immediate neighbourhood and belonging to the same person (except in
the case of a vehicle used only in connection with excavation or demolition)
provided that the distance travelled on the road in any one week does not exceed
in aggregate 9.654 km (ie 6 miles).
4 Motor vehicles constructed or adapted primarily for the carriage of passengers
and their effects and any trailer drawn by them while being so used.
5 Vehicles being used for funerals.
6 Vehicles being used for police, fire brigade and ambulance service purposes.
7 Vehicles being used for fire-fighting or rescue work at mines.
8 Vehicles on which a permanent body has not yet been built carrying goods for
trial or for use in building the body.
9 Vehicles being used under a trade licence.
10 Vehicles used in the service of a visiting force or headquarters.
11 Vehicles used by or under the control of HM Armed Forces.
12 Trailers not constructed for the carriage of goods but which are used incidentally
for that purpose in connection with the construction, maintenance or repair of
roads.
13 Road rollers or any trailer drawn by them.*
14 Vehicles used by the Maritime and Coastguard Agency (MCA) or the Royal
National Lifeboat Institution (RNLI) for the carriage of lifeboats, life-saving
appliances or crew.
15 Vehicles fitted with permanent equipment (ie machines or appliances) so that the
only goods carried are:
(a) For use in connection with the equipment;
(b) For threshing, grading, cleaning or chemically treating grain or for mixing
by the equipment with other goods not carried on the vehicle to make
animal fodder;
(c) Mud or other matter swept up from the road by the equipment.
16 Vehicles while being used by a local authority for the purpose of enactments
relating to weights and measures or the sale of food or drugs.
17 Vehicles used by a local authority under the Civil Defence Act 1948.
18 Steam-propelled vehicles.
19 Tower wagons or any trailer drawn by them provided that any goods carried on
the trailer are required for use in connection with the work on which the tower
wagon is used.
Goods Vehicle Operator Licensing 7
*At the time of writing, vehicles such as road rollers, recovery vehicles and electri-
cally powered vehicles are still under review as to whether or not they should lose
their exemptions.
Non-Exempt Vehicles
All other conventionally powered goods-carrying vehicles over 3.5 tonnes gross
weight not specifically shown as exempt in the list above must be covered by an ‘O’
licence. This includes such vehicles that are only temporarily in the operator’s pos-
session, or are hired from another operator without a driver, or borrowed on a short-
term basis, if they are used in connection with a business (even a part-time business).
reward haulage work. The agricultural exemption mentioned above applies only
when such machines are used by farmers in connection with their own agricultural
business.
In general, the person or company that pays the driver’s wages is the ‘user’ of a
vehicle, and it is this person (or company) or the nominated ‘competent person’
(usually a transport manager) who is responsible for holding an ‘O’ licence and for
the safe condition of the vehicle on the road and for ensuring that it is operated in
accordance with the law. The driver, although an employee, is the user of the vehicle
in the context of certain legislation (eg the Road Vehicles (Construction and Use)
Regulations 1986, as amended) and is responsible for its safe condition on the road.
Agency Drivers
Dependence on agencies for the supply of temporary drivers can cause difficulty in
interpretation of the term ‘user’ and in deciding who should hold the ‘O’ licence: the
vehicle owner or the agency which employs the driver.
The status of the vehicle ‘user’ in these circumstances is determined by driver
agencies getting operators to sign agreements. The vehicle operator technically be-
comes the employer of the driver and consequently the operator remains the legal
‘user’ of the vehicle. Usually the agency asks the hirer to sign an agreement whereby
the agency becomes the ‘agent’ of the operator for these purposes in paying the
driver’s wages.
Goods Vehicle Operator Licensing 9
This practice has been proved in court to be legally acceptable on the grounds
that the Transport Act 1968 section 92(2) states that ‘the person whose servant or
agent the driver is, shall be deemed to be the person using the vehicle’. The driver
is considered to be the employee of the hirer because the hirer gives instructions
and directs the activities of the driver who is temporarily in their employ. The key
issue here is who controls how the drivers do their job. This must be the ‘user’ of the
vehicle and the holder of the ‘O’ licence. However, there can be difficulties when a
court interprets it such that because the agency actually ‘pays’ the driver then the
driver is a servant of the agency and not the hirer.
Operators employing agency drivers need to take extreme care to ensure the true
‘status’ of any agency drivers used and are advised to discuss this matter with the
supplying agency in order to agree an acceptable position.
With agency drivers the operator has no sound means of establishing whether the
driver is legally qualified to drive or whether they have already exceeded the permit-
ted driving hours on previous days and whether they have had adequate rest periods,
other than to be able to download information held on the driver’s ‘digi’ tacho card.
Reputable agencies usually go to considerable lengths to ensure that drivers are
properly licensed and have complied with the driving hours rules in all respects. It is
worth also remembering that the use of casually hired or temporary drivers (whose
backgrounds and previous experiences may not be fully known) can result in
jeopardy of the contract of insurance covering the use of vehicles and there could
also be serious security risks as well as possible ‘O’ licence penalties for infringe-
ments of the law.
Operators who use agency drivers should be aware that they may be held liable
for negligence or driving offences. They are also liable for ensuring the health and
safety of hired drivers, and must inform them of the legal requirements of vehicle
operations, such as the ‘hours’ law, tachographs, safe loading and vehicle checks.
Operators also need to ensure that they obtain copies of agency drivers’ records for
duties performed whilst under their control.
Rental of Vehicles
Rental of vehicles on a short-term basis of a few days or a few weeks does not
impose onerous contractual obligations on the hirer. The mechanical condition of
the vehicle is the hirer’s responsibility whilst under their control (see below).
connection with a trade or business, then the person or firm renting it must hold an
‘O’ licence and there must be a margin on that licence to cover the renting of one or
more additional vehicles.
There is no need to advise the TC of details of the vehicle unless it is to be retained
on hire for more than one month, after which time the TC must be notified so an
‘O’ licence disc can be issued. If the vehicle is rented for a shorter period and then
returned to the rental company to be replaced by another vehicle, the TC does not
have to be notified if the combined total of the two rental periods exceeds one month
unless both are part of the same rental agreement.
If a vehicle over 3.5 tonnes is rented for use in a Traffic Area different from the
one in which the ‘O’ licence is held, then an ‘O’ licence must be obtained in that other
Traffic Area before a vehicle is permitted to operate from a base there.
Whether or not the rented vehicle comes within the scope of ‘O’ licensing, the
person or firm renting it carries the user responsibility for its safe mechanical con
dition when it is on the road. Consequently, if vehicle faults result in prosecution
the user (not the rental company) will have to pay any fines imposed and the
user’s ‘O’ licence will be put in jeopardy (even if the vehicle is not specified on the
‘O’ licence). Careful selection of a reputable rental company with high maintenance
standards is essential.
ESCENA VI.
Curra va detrás del Marqués, cierra la puerta por donde aquel se ha ido,
y vuelve cerca de Leonor.
ESCENA VII.
Don Álvaro en cuerpo, con una jaquetilla de mangas perdidas sobre una
rica chupa de majo, redecilla, calzon de ante, etc., entra por el
balcon y se echa en brazos de Leonor.
ESCENA VIII.
Ábrese la puerta con estrépito despues de varios golpes en ella, y entra
el marqués en bata y gorra con un espadin desnudo en la mano, y
detrás dos criados mayores con luces.
ESCENA PRIMERA.
Es de noche, y el teatro representa la cocina de un meson en la villa de
Hornachuelos. Al frente estará la chimenea y el hogar. Á la izquierda
la puerta de entrada: á la derecha dos puertas practicables. Á un
lado una mesa larga de pino, rodeada de asientos toscos, y
alumbrado todo por un gran candilon. el mesonero y el alcalde
aparecerán sentados gravemente al fuego, la mesonera de rodillas
guisando. Junto á la mesa, el estudiante cantando y tocando la
guitarra. el arriero, que habla, cribando cebada en el fondo del
teatro. el tio Trabuco tendido en primer término sobre sus jalmas. los
dos lugareños, las dos lugareñas, la moza y uno de los arrieros, que no
habla, estarán bailando seguidillas. El otro arriero, que no habla,
estará sentado junto al estudiante, y jaleando á las que bailan.
Encima de la mesa habrá una bota de vino, unos vasos y un frasco
de aguardiente.
Poned en estudiantes
vuestro cariño,
que son como discretos
agradecidos.
Viva Hornachuelos,
vivan de sus muchachas
los ojos negros.
Dejad á los soldados,
que es gente mala,
y así que dan el golpe
vuelven la espalda.
Viva Hornachuelos,
vivan de sus muchachas
los ojos negros.
ESCENA II.
ESCENA III.
El teatro representa una plataforma en la ladera de una áspera
montaña. Á la izquierda precipicios y derrumbaderos. Al frente un
profundo valle atravesado por un riachuelo, en cuya márgen se ve á
lo lejos la villa de Hornachuelos, terminando el fondo en altas
montañas. Á la derecha la fachada del convento de los Ángeles de
pobre y humilde arquitectura. La gran puerta de la iglesia cerrada,
pero practicable, y sobre ella una claraboya de medio punto por
donde se verá el resplandor de las luces interiores; más hácia el
proscenio la puerta de la portería, tambien practicable y cerrada; en
medio de ella una mirilla ó gatera que se abra y se cierre, y al lado el
cordon de una campanilla. En medio de la escena habrá una gran
cruz de piedra tosca y corroida por el tiempo, puesta sobre cuatro
gradas que puedan servir de asiento. Estará todo iluminado por una
luna clarísima. Se oirá dentro de la iglesia el órgano, y cantar
maitines al coro de frailes, y saldrá como subiendo por la izquierda
Doña Leonor, muy fatigada y vestida de hombre, con un gaban de
mangas, sombrero gacho y botines.
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