where does that responsibility lie? I assume it’s with the Directors but it doesn’t actually say.

[bucures]

I’m reading the Guide to Maintaining Roadworthiness (slow day) and on page 57 it states the TM is legally responsible for vehicle roadworthiness. As a restricted licence holder we don’t have a TM, where does that responsibility lie? I assume it’s with the Directors but it doesn’t actually say.

[vjacesen]

The reference to transport managers having overall responsibility for the roadworthiness of vehicles (GTMR 2020 page 57) is the last paragraph of section 4.11 Authority to remove or reinstate a vehicle, however, the responsibility does extend across all operational activities.
You are correct that the directors of a business are also responsible, as per the standard undertakings signed at the time of licence application, no matter what type of operator’s licence is in force.
Where a restricted licence is in place, the operator may either employ or retain a TM, but where this is not the case, must identify a person, or persons within the business to act as the responsible person, who effectively takes on the role of the TM. It is best practice to identify this person, or persons, formally in writing, either as part of their contract of employment or written notice issued against signature.

[CaulTweet]

Yes, the buck stops with the Directors. I've done quite a few TM Refresher courses with Restricted Operators recently, so I looked into that issue specifically for them.

[Operain]

- Operator licence holder,
- Driver (if driver noticeable defect).
- Other manager or workshop if it’s a known defect, or a long standing defect.

[Ikeala]

Important to also understand the difference between regulatory and lawful accountability. The TM would or could face regulatory action (loss of repute) in relation to vehicle maintenance (and plenty more besides) as they are responsible but lawful accountability for roadworthiness would rest with the driver (user) and vehicle owner/operator (causing or permitting).