Instructing a transport consultant – How to pick an effective one

Approximately 12 months ago, the Traffic Commissioners issued guidance to operators on how to select an effective transport consultant.

The motivation for this guidance was that the TCs had concerns in their dealings with some consultants. In particular, this was in respect of their failure to:

  1. Conduct basic checks on their client’s application.
  2. Check the application form thoroughly with the applicant before submitting.
  3. Identify themselves as a consultant on VOL, giving the impression they are the operator.
  4. Remove their access to the self-service accounts on the VOL following the grant of the application if they are no longer acting for the operator.
  5. Keep up to date with legislation changes or the Senior Traffic Commissioner’s Statutory Guidance.
  6. Check the conduct and competence of their employees to make sure they are qualified to be giving advice.

We have come across several situations at Public Inquiry whereby consultants appear to have simply submitted an application for a licence for the individual that has contacted them, without apparently asking some basic questions.

They have failed to ask the person probing questions as to who actually needs the licence. For instance, is the business a partnership or a limited company, rather than a sole trader?

Alternatively, if there are a group of linked companies, they fail to ask which of the companies actually needs the licence. They don’t ask who will be employing and paying the drivers.

Sometimes they don’t ask questions about the operation and who owns the materials being transported, so the wrong type of licence is obtained.

If these questions aren’t asked before the application stage, it can lead to lengthy, expensive delays and the risk of illegal operation which can end up in the criminal courts and at a Public Inquiry.

These questions are relevant, particularly with a restricted licence application where the ‘workarounds’ aren’t as easy when the wrong entity has the licence.  Added to that, with the restricted licence applicant, there is a lack of qualified Transport Manager and usually a much more limited understanding of operator licensing.

Steps to take when instructing a transport consultant

Firstly, ensure they have the required knowledge and skills. Operators and Transport Managers are expected to complete continuous professional development to make sure they keep up to date with changes in legislation and the Senior Traffic Commissioner’s Statutory Guidance, this applies equally to transport consultants.

Operators should consider asking them for evidence of their qualifications (e.g. Transport Manager CPC), any accreditations they hold and whether they have ever been required to attend a public inquiry as a transport manager. You may wish to seek references from their previous clients.

Questions you should consider asking a transport consultant before instructing them:

  1. Are they signed up to receive news alerts from the Traffic Commissioners or DVSA?
  2. Are they a member of a trade association (Logistics UK, RHA, CPT etc) or a member of a professional body (e.g. IoTA, CILT, SOE, IRTE etc)?
  3. Have they been to a public inquiry and had action taken against their good reputation as a Transport Manager?
  4. When was their last refresher training completed?

You could seek independent verification from a specialist transport solicitor, who may either have dealt with that person directly or be aware of their work. Alternatively, a specialist transport solicitor should be able to provide recommendations of a transport consultant to use, in advance of you engaging one.

However, do not be unduly worried! There are large numbers of excellent transport consultants out there. Unfortunately, the small number of bad ones can ruin it for the rest.  But, as long as you do your due diligence, you’ll separate the wheat from the chaff.

If you need advice on instructing a transport consultant, don’t hesitate to contact Jared today.