Certificate of Professional Competence: Usage Within EU Members States & Brexit
This page of Certificate of Professional Competence website contains information on the use of the Transport Management CPC Certificate in an EU member state, differing from the EU State it was originally awarded in. Plus, details of how a UK & EU awarded Certificate of Professional Competence may be viewed by the UK & EU regulatory & enforcement bodies after Brexit.
Certificate of Professional Competence: Use Within the EU Member States Information
Certificate of Professional Competence, or CPC in road transport operations & compliance management, which has been obtain in any of the EU Member States, can be used by the holder to demonstrate professional competence requirements, in any other EU Member State.
But before any Operators Licence Holder wishing operating within the national market of any other EU member state. Wishes to use a nominated Transport Manager on the Operators’ Licence they hold, who has gained a Certificate of Professional Competence, used to demonstrate Professional Competence from a different member state.
They must obtain a mutual recognition certificate to support the application/nomination, before the Professional Competence of both the Certificate of Professional Competence Holder & that of the Operator’s Licence is recognized & accepted. By the regulatory body of the national market were the transport operation takes place. Mutual recognition certificate can be obtained from the regulatory body of the national market, were the transport operation takes place.
Oplas Transport Consultancy advises that the regulatory body for the member state were the operation is taking place is contact before any nomination is sent, to confirm that the Certificate of Professional Competence, to be used to demonstrate Professional Competence. Will be accepted by the regulatory body of the EU State were the transport operation takes place.
The mutual recognition certificate system is part of the UK Operator Licensing Regime. However, if a nominee is the holder of a Certificate of Professional Competence, has been awarded by RSA or OCR even outside of the UK. As long as it is a full Certificate of Professional Competence, (National or International) issued since March 1992, then a mutual recognition certificate is not necessary.
Certificate of Professional Competence: Brexit & the Certificate of Professional Competence
The United Kingdom government, & the European Union have still to come to an agreement on a final Brexit deal. The EU has indicated that after the UK final leaves the European Union it will no longer recognise any Certificate of Professional Competence, which was gained by the holder in the United Kingdom.
Therefore, if there is no final Brexit deal, then it is most likely that this proposed disqualification will come into force. Therefore, any Certificate of Professional Competence Holder acting as a nominated Transport Manager, who has been awarded a Certificate of Professional Competence in the UK & is employed in an EU member state.
Would face the prospect of having to retake the appropriate Certificate of Professional Competence qualification with an EU member state. If they wish to continue to be able to demonstrate their Professional Competence, if they wish to continue to work in any EU member state.
At present the UK government has not indicated that it will apply the same disqualification to those Transport Managers holding a Certificate of Professional Competence, which was gained in an EU member state other than the UK & are working in the UK as a nominated Transport Manager CPC Holder. Who are working within the UK, for a UK Standard Operators Licence Holder
It is not only holders of Standard National, or International Operator Licences, who are looking to engage the skills, & services of suitable qualified transport managers, on a sub-contract basis. Restricted Operator Licence holders are now contemplating using such parties to assist them with their, operator’s licence compliance requirements.
Restricted Operator Licence Holders, generally are parties who are allowed only move their own goods, or goods or items related to their work, i.e. scaffolders moving scaffolding whether it is their own, or hired. This is often referred to as “own account” work. Plus, they must not provide, or offer transport services to other parties, & receive payment in any kind for that service. This is known as “Hire and Reward”.
Under the current operator licensing regulations Restricted Operator Licence Holders, have no statutory requirement to nominate a cpc qualified transport manager, on the Restricted Operator Licence applied for, or held. However, Restricted Operator Licence Holders, are still subject to the same sets of regulations, in relation to the operating of vehicles, which require an operator’s licence to be held, as per the Standard Operator Licence holders are.
Certificate of Professional Competence Related Services Offered by Oplas Transport Consultancy
Oplas Transport Consultancy offers a number of services & solutions, related to the Certificate of Professional Competence. Along with information for those individuals looking to obtain a Certificate of Professional Competence qualification. Please see below those services & if you wish for more information, you can by using the highlighted links. Which will take you to a dedicated page or website for that service & the solutions offered.
1: Those parties looking to engage the services of an individual who is the holder of a Certificate of Professional Competence To act as the nominated Transport Manager on the either their Standard Operators Licence application, or the current Standard Operators’ Licence. The conditions under which the Certificate of Professional Competence/CPC Holder will be engage, are to be those considered as being an External Transport Manager. Please use the link indicated, to our On-line CPC Holder Finder Service.
2: Parties(s) who are the holder of a Certificate of Professional Competence qualification & are interested in External Transport Management work. Along with willing to offering those skills, & services, in a sub-contract / self-employed manner. Which matches the current requirements, known as the 4/50 regulations & willing to registering their details on the Oplas Transport Consultancy database. So that they may consider offers from interested parties after being contact by said described parties, from their use of Oplas Transport Consultancy On-line CPC Holder Finder Service. Please use the link indicated, to our On-line CPC Holder Database Registration.
3: Parties who are Restricted Operator’s Licence Holders. How are looking for a professional advice from a holder of a Certificate of Professional Competence. On matters of Operator Licensing compliance. Please use the link indicated, to our dedicated Restricted Operator’s Licence Management Website.
4: You are after more information as a holder of a Certificate of Professional Competence. Acting as the nominated Transport Manager on a Standard Operators’ Licence. In such areas as the role, responsibilities, & regulations. Please use the link indicated.
In our experience, OPLAS manages to turn the most non-compliant operator into someone that can adhere to the rules. They encourage meticulous record keeping and is pro-active in root cause problem solving.
Do you need Transport Compliance support?
Looking to register as an External Transport Manager?
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This Website and the information shown on it, has been produced as a basic guide, to show the relationship between a CPC Holder, & the Operator Licence Regime. Therefore, it cannot be considered as formal legal advice.