Do I Need a Transport Manager for a Restricted Licence?

Legal Responsibilities of Licence Holders – Part 14

Introduction

If you’re applying for or already hold a Restricted Operator Licence in the UK, you’ve likely heard the term “Transport Manager” come up — and perhaps wondered:

• “Do I need to appoint a Transport Manager?”

• “Isn’t that only for haulage companies?”

• “Can I manage without one?”

• “What happens if I don’t understand compliance?”

The simple answer is: No, you are not legally required to appoint a Transport Manager if you hold a Restricted Licence.

But — and it’s a big but — you still carry full legal responsibility for all aspects of transport compliance, including:

• Vehicle maintenance

• Driver hours

• Licence checks

• Recordkeeping

• Financial standing

• Operating centre management

• Daily defect checks

This post breaks down what Restricted Licence holders need to know about Transport Managers, what the law requires, and how you can stay compliant without one — using systems, coaching, and external support.

Table of Contents

1. What Is a Transport Manager?

2. When Is a Transport Manager Legally Required?

3. Responsibilities of a Transport Manager

4. What About Restricted Licence Holders?

5. Risks of Running a Restricted Licence Without Support

6. Can I Appoint a Transport Manager Voluntarily?

7. Alternatives: Compliance Coaching and External Support

8. Real-World Examples

9. JS Transport Solutions Compliance Services

10. Final Advice & Next Steps

1. What Is a Transport Manager?

A Transport Manager (TM) is a professionally qualified individual responsible for ensuring that a transport operation complies with:

✅ Operator Licence undertakings

✅ DVSA and Department for Transport regulations

✅ EU and GB driver hours rules

✅ Maintenance systems and inspection intervals

✅ Driver training, documentation, and conduct

They must hold a Certificate of Professional Competence (CPC) in road haulage (or passenger transport for PCVs) and be formally listed on your Operator Licence with their TM1 form approved by the Traffic Commissioner.

2. When Is a Transport Manager Legally Required?

Under the UK’s operator licensing regime:

Licence Type	Is a TM Legally Required?
Restricted	❌ No
Standard National	✅ Yes
Standard International	✅ Yes

If you’re applying for a Standard Licence, you must nominate a qualified TM — either full-time in-house or via a contracted External Transport Manager.

But Restricted Licence holders are not required to nominate one.

3. Responsibilities of a Transport Manager

TMs are responsible for:

• Setting up and monitoring maintenance schedules

• Ensuring daily defect checks are carried out and followed up

• Overseeing tachograph downloads and infringement reports

• Checking driver qualifications and CPC

• Keeping accurate records

• Managing compliance with drivers’ hours and Working Time Directive

• Responding to DVSA audits and inspections

• Preparing for Public Inquiries

In the eyes of the Traffic Commissioner, the TM is the named individual accountable for operational safety and compliance.

4. What About Restricted Licence Holders?

Restricted Licence holders do not need a TM, but here’s what many fail to realise:

✅ You are still responsible for every TM function

✅ You are personally liable for compliance failures

✅ The same undertakings apply to Restricted and Standard Licences

✅ The Traffic Commissioner can still call you to a Public Inquiry if you fall short

Being unaware is not a defence. If your vehicles are not roadworthy, your drivers are breaking hours rules, or you’ve lost track of compliance records — you are fully accountable.

5. Risks of Running a Restricted Licence Without Support

Many small business owners — builders, landscapers, delivery firms, manufacturers — hold a Restricted Licence but:

🚫 Don’t understand the undertakings they agreed to

🚫 Don’t keep full maintenance records

🚫 Have no process for defect reporting

🚫 Don’t check driver licences or CPC

🚫 Miss notification deadlines to the Traffic Commissioner

🚫 Use vehicles from unauthorised operating centres

🚫 Get caught at the roadside and issued with prohibitions

These failings can result in:

• Enforcement visits

• Formal warnings

• Summons to a Public Inquiry

• Licence suspension or revocation

• Disqualification from operating

6. Can I Appoint a Transport Manager Voluntarily?

Yes — if you want to, you can appoint a voluntary TM even on a Restricted Licence.

This might be helpful if:

• You’re growing your fleet

• You want peace of mind

• You’ve received a warning letter from the TC

• You’ve been told to improve systems

However, as it’s not legally required:

• The TM does not need to be formally added via a TM1

• You can hire externally on a flexible basis

• You still retain ultimate responsibility as the licence holder

Some Restricted Licence holders choose to work with a TM for setup, audit, or advisory services without a permanent appointment.

7. Alternatives: Compliance Coaching and External Support

If appointing a full TM feels like overkill — but you still want help staying compliant — consider compliance coachingor external compliance support.

At JS Transport Solutions, we provide:

✅ Compliance Coaching for Restricted Licence Holders

• Monthly file checks and reviews

• Maintenance planner setup

• Walkaround check templates

• Driver file setup and licence checking

• Defect reporting systems

• Tachograph analysis (if required)

• Advice on how to meet undertakings

✅ One-Off Compliance Audits

• Great for peace of mind or before a DVSA visit

✅ PI and Enforcement Support

• If you’ve received a DVSA letter or call-up notice

8. Real-World Examples

🚚 Case 1: Retailer with 7.5 tonne vehicles and No Maintenance Records

The operator ran for 2 years without a planner or PMI records. A DVSA roadside stop triggered a request for documents — none were available. A formal warning was issued, with a threat of PI.

Solution: Created a compliance system and provided coaching. The operator avoided a PI and passed a follow-up review.

🧰 Case 2: Construction Firm Using a Flat Bed on a Restricted Licence

The operator did not realise they had to check driver CPC, nor keep tachograph data (vehicle fell under EU rules). Caught with over 6 hours of continuous driving.

Solution: Set up tacho downloads, driver logs, and trained the director on rules. The operator avoided disqualification.

9. JS Transport Solutions Compliance Services

We specialise in helping Restricted Licence holders stay compliant without the complexity or cost of employing a full-time TM.

Services Include:

• Full licence application and variation support

• Maintenance system setup

• Driver compliance file setup

• Walkaround check templates

• Daily defect report books

• Monthly compliance coaching

• Digital or paper file management

• Pre-audit checks and PI preparation

📞 Book a free consultation at👉 www.jstransport.uk

10. Final Advice & Next Steps

✅ No, you don’t need a Transport Manager for a Restricted Licence.

❌ But you can’t ignore the responsibilities that a TM would normally manage.

If you’re not actively managing your compliance — or don’t have the time or knowledge — it’s only a matter of time before the DVSA or TC notices.

You are the Transport Manager by default — so make sure you’re acting like one.

Checklist: Managing a Restricted Licence Without a TM

✅ Maintenance planner in place

✅ 6–13 week safety inspections

✅ Driver daily checks recorded

✅ Defect reporting system in use

✅ Driver licences and CPC verified

✅ Tachograph rules understood (if applicable)

✅ Recordkeeping for 15 months minimum

✅ Financial standing monitored

✅ TC notified of material changes

✅ Access to support or professional advice

Next in the series:[How to Prepare for a DVSA Inspection or Public Inquiry]