A. Operators may use external transport managers, but they are limited to only work for a maximum of four operators with a combined maximum total fleet of 50 vehicles. Senior Traffic Commissioner Statutory Document 3: Transport Managers states that ‘external transport managers (including those with a mix of internal and external appointments), are limited to a maximum of 50 vehicles for up to a total of four operators’.
If the number of vehicles across both fleets exceeds 50, your transport manager would not be able to do this. Annex 1 of the above Statutory Document also includes the starting point for assessing the capacity to exercise continuous and effective management of an operation, with a proposed number of hours a transport manager should spend depending on the number of vehicles on their fleet, which would also be worth considering.
Chubby rain
Q. We are a groundworks company, primarily moving soil and have had a couple of instances lately where our vehicles have exceeded their maximum authorised mass following heavy rain. Would this be a suitable defence if we were questioned?
A. There are two statutory defences for being in breach of over-riding weight restrictions that are detailed in regulation 80(1) (a) of the Road Vehicles (Construction and Use) Regulations 1986:
• The vehicle was proceeding to the nearest available weighbridge to be weighed or was proceeding from the weighbridge to the nearest suitable off-loading point.
• The vehicle was originally loaded to within its legal limits and the weight, either gross or individual axle, had increased in transit by not more than 5%, and nothing had been added since the vehicle was first loaded.
The second point may happen if a load of soil absorbed rainwater during the journey, like you describe.
