Avoid this gotcha by the OTC – Don't lose your licence because of this technicality!
When you transport manager resigns or is removed from your existing valid operator's licence or he is no longer acceptable to the Traffic Commissioner for various reasons you will receive a letter similar to this:
If your transport manager resigns or is removed whilst your application is still under consideration, you'll receive a letter like this:
First of all: Read the entire letter and understand what it actually says. Everything you need to do is explained in the letter if you can just read it. Disregard the threatening tone and language of the letter and focus on what they are asking you to do, it's not that much actually.
Here's a summary of what you need to do in plain terms:
- Find a new transport manager ASAP by the date specified in the letter. Here's how you can do that: viewtopic.php?t=843
- Submit an application to add the new transport manager. If you get him through me, I'll do this part. If you are doing it yourself, use the following two links for instructions: viewtopic.php?f=2&t=1459 and viewtopic.php?f=2&t=313
- When you submit an application to add a new transport manager, upload with it or email the caseworker the following request as a precaution: I'd like to ask for a grace period so that your office has time to process our application to add a new transport manager and I also request a public inquiry before any action against my operator's licence is taken.
See below about what is considered to be a valid reason for an extended period of grace. This is different from a period of grace that they seem to insist for you to request when you submit an application to add a transport manager to an existing licence, this one is essentially so that they have time to consider your already submitted application. Yes, they seem to insist that you request a period of grace from them so that they have time to consider your already submitted application.
- You may also add an explanation, something like this or similar: Our previous transport manager has resigned. We are looking for a new one and will submit (or have just submitted) an application to add him as soon as possible.
Requesting an extended period of grace in order to keep you licence for some time without a transport manager on it.
When you request a period of grace, the only valid reason they will usually accept is that you are actively looking for a transport manager but need more time to find one. In this case they will likely ask for updates and the progress of your search. It's hard to use this reason for a long period of grace if you are in densely populated areas, it can only work if you are in remote areas like the Scottish Highlands or islands. If you just aren't operating any vehicle and don't want to pay for a transport manager, that's not a valid reason in the eyes of the Licensing Office. You need to have a TM on your licence at all times, otherwise they will revoke it. If you don't need your licence any more, don't allow it to be revoked because it will reflect badly on you and should you decide to reapply for a new licence later, you will likely be called to a public inquiry. Instead, if you don't need your licence any more, you should "surrender" it - login to you O-licence account, click on the licence number, then click "surrender".
COMPLETE TEMPLATE FOR A RESPONSE – REQUEST FOR A GRACE PERIOD AND A PUBLIC INQUIRY
We have just submitted an application to appoint a new transport manager as our previous one has resigned to pursue other opportunities. We would like to request a grace period for the Traffic Commissioner's Licensing Office to consider our new application. Additionally, we would like to request a public inquiry before any regulatory action is taken against our licence.
Download the Word versions of the letters above: