Does the Company need an operator licence?

[Demus19]

I work for a company (whose main purpose is not transport) that provides support services for a large organisation at various locations around GB, the services provided are transport and warehousing amongst other things. At one of our other sites the customer has decided to split the contract and award the transport element to another company who will be responsible for operating the vehicles (which are owned by the customer) that require operator licensing and the drivers where TUPE’d across to the new company, however the warehouse element still requires use of in scope vehicles to be driven by warehouse staff (with correct licence, cpc & tacho card), does the company who uses the vehicles on the transport company’s o licence need their own operator license as they are a separate company?

[Bluecorn]

How confusing you’ve made the scenario.
The transport company, because they’re a new conspny, assumed a Ltd Co, they can’t operate under the warehouse’s one They need their own O licence - standard national
The warehouse company who are driving in/scope veh need a separate licence- which you say they have - assuming the warehouse holds other people’s products theirs will also be Standard National
TUPE etc has nothing to do with O lic,

[Colisman]

Both companies require their own operators license as they are separate legal entities, with separate directors. Sharing vehicles if that's what your suggesting sounds like a minefield and clear documentation would need to be drawn up to establish responsibility for record keeping and maintenance.

[Colisman]

2nd thought, if the vehicles are being used today, who's in charge from a TM point of view if the drivers are tupe across already and who's discs are in the windscreen?

[ZAHEREIN]

Sounds like a mukking fuddle, although the drivers can drive on behalf of either operators (with conditions), as long as both companies have the respective licenses, but as Colisman, has eluded who owns the vehicles, whose licence do they appear on and who is responsible and hence who owns operator transport responsibility, including Tachograph & maintenance. There has to be clarity.
I recently dealt with an operator who had 2 licences and 6 vehicles across the 2, but had no control on who was driving which vehicle, which became a major topic at the PI we attended.

[Bluecorn]

Sounds like a mukking fuddle, although the drivers can drive on behalf of either operators (with conditions), as long as both companies have the respective licenses, but as Colisman, has eluded who owns the vehicles, whose licence do they appear on and who is responsible and hence who owns operator transport responsibility, including Tachograph & maintenance. There has to be clarity.
I recently dealt with an operator who had 2 licences and 6 vehicles across the 2, but had no control on who was driving which vehicle, which became a major topic at the PI we attended.

Drivers can’t easily work for both at the same time. If TUPE’d over, then there would need to be contracts to driver for warehousing.

[Demus19]

It is a really confusing picture and I can’t go into the details but put simply the customer owns the vehicles, and have bought in a new company to provide a transport service under the new company’s o licence, but the warehouse element (who are a different company contracted by the same customer) still have access to and use the vehicles under the new Transport companies o licence even though they don’t work for said transport company!

My thoughts are that both companies need an operator licence, however the management seem to think that they don’t!

[Bluecorn]

It is a really confusing picture and I can’t go into the details but put simply the customer owns the vehicles, and have bought in a new company to provide a transport service under the new company’s o licence, but the warehouse element (who are a different company contracted by the same customer) still have access to and use the vehicles under the new Transport companies o licence even though they don’t work for said transport company!

My thoughts are that both companies need an operator licence, however the management seem to think that they don’t!

Asking as a driver, TM or another.
No a issue as a driver unless veh seize de whist your driving it and trying to get home
Affects repute as a TM