Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (Text with EEA relevance)

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Article 8U.K.Conditions relating to the requirement of professional competence

1.In order to satisfy the requirement laid down in Article 3(1)(d), the person or persons concerned shall possess knowledge corresponding to the level provided for in Part I of Annex I in the subjects listed therein. That knowledge shall be demonstrated by means of a compulsory written examination which F1... may be supplemented by an oral examination. Those examinations shall be organised in accordance with Part II of Annex I. [F2The person concerned may require] training prior to the examination.

[F32. The persons concerned must sit the examination in the United Kingdom if this is where they have their normal residence when working.]

‘Normal residence’ shall mean the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who, consequently, lives in turn in different places situated in [F4the United Kingdom and one] or more Member States, shall be regarded as being in the place of his personal ties, provided that such person returns there regularly. This last condition shall not be required where the person is living in [F5the United Kingdom or] a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

[F63.Only the authorities or bodies duly authorised for this purpose in the United Kingdom, in accordance with defined criteria, may organise and certify the written and oral examinations referred to in paragraph 1. A competent authority must regularly verify that the conditions under which those authorities or bodies organise the examinations are in accordance with Annex I.]

4.[F7A competent authority may duly authorise, in accordance with criteria defined by it], bodies to provide applicants with high-quality training to prepare them for the examinations and transport managers with continuous training to update their knowledge if they wish to do so. [F8A competent authority must] regularly verify that these bodies at all times fulfil the criteria on the basis of which they were authorised.

5.[F9A competent authority] may promote periodic training on the subjects listed in Annex I at 10-year intervals to ensure that transport managers are aware of developments in the sector.

6.[F10A competent authority] may require persons who possess a certificate of professional competence, but who have not managed a road haulage undertaking or a road passenger transport undertaking in the last 5 years, to undertake retraining in order to update their knowledge regarding the current developments of the legislation referred to in Part I of Annex I.

7.[F11A competent authority] may exempt the holders of certain higher education qualifications or technical education qualifications issued in [F11the United Kingdom], specifically designated to this end and entailing knowledge of all the subjects listed in Annex I from the examination in the subjects covered by those qualifications. The exemption shall only apply to those sections of Part I of Annex I for which the qualification covers all subjects listed under the heading of each section.

[F11A competent authority] may exempt from specified parts of the examinations holders of certificates of professional competence valid for national transport operations in [F11the United Kingdom].

8.A certificate issued by the authority or body referred to in paragraph 3 shall be produced as proof of professional competence. That certificate shall not be transferable to any other person. It shall be drawn up in accordance with the security features and the model certificate set out in Annexes II and III and shall bear the seal of the duly authorised authority or body which issued it.

[F128A.A certificate issued to a person under paragraph 8 is not valid for the duration of any order disqualifying the person from acting as a transport manager under:

(a)paragraph 16(2) of Schedule 3 to the 1995 Act; or

(b)regulation 15(2) of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012.]

[F139.The Minister may by regulations adapt Annexes 1, 2 and 3 due to technical progress.]

[F149A.Regulations under this Article may—

(a)include supplementary, incidental, consequential, transitional, transitory or saving provision: and

(b)make different provision for different cases.]

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Textual Amendments

F1Words in Art. 8(1) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(9)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 8(1) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(9)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in Art. 8(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(9)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 8(2) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 9(9)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)