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TRANSPORT MANAGER
PROFESSIONAL GUIDE "EXTERNAL TRANSPORT MANAGER"
EMPLOYED TRANSPORT MANAGER
The company operating or wishing to operate in the sector of public road transport of goods or people, removals or rental of industrial vehicles with driver for the transport of goods or people, must appoint a transport manager resident in the European Union.
This manager must meet the criteria of honorability set out in the articles R. 3211-24 to R. 3211-31 and professional skills set out in the articles R. 3211-36 to R. 3211-42, while assuming effective and permanent management of the company's transport activities.
- An internal transport manager carries out his duties within the transport company as an employee if he holds a mandatory full-time permanent employment contract, and if he is employed at management level (at least at the 1st management level, coefficient 100 for TRM and coefficient 134 for TRV), receiving corresponding remuneration, as provided for by the national collective agreement for road transport CCN 3085.
- The manager, by virtue of his duties, represents, commits the company, and acts on its behalf. To this end, he must have express delegation of powers and signature, when the latter do not result from the direct application of the company's statutes (particularly the case of employees), so that he can carry out his management functions without any restriction.
- The delegation of powers, in order for it to be admissible by the administration, must be in line with the tasks entrusted. It must be explicit as to the responsibilities exercised, in particular as to the consequences of offences which could be committed by drivers and, in any event, accepted by the delegate.
EXTERNAL TRANSPORT MANAGER
Regulation (EC) No 1071/2009 allows companies that do not have a manager to use the services of a natural person, meeting the requirements of integrity and professional capacity, authorised by a service provision contract, to carry out the tasks of a manager on behalf of the company.
It sets a ceiling for the number of companies (4) and the number of vehicles (50) that may be managed by the same person (RSE). However, as authorised by Regulation No. 1071/2009, the Decrees of 16 August 1985 and 30 August 1999, have restricted the possibility in France at the National level for the same external transport manager to carry out its activity in
2 companies with a maximum of 20 vehicles
.
Before being able to be designated as a transport manager, the person holding a certificate of professional competence issued for more than
5 years
, and who cannot demonstrate that she has had during the
Last 5 years
effective and permanent responsibilities in the management of a transport company may be
subject to undergoing training to update their knowledge.
Reinforced missions entrusted to the external transport manager
The aforementioned decrees of August 16, 1985 and August 30, 1999 specify that the missions entrusted to the manager include in particular:
- Management of the maintenance of vehicles assigned to the company's transport activity.
- Verification of contracts and transport documents.
- basic accounting.
- The allocation of loads or services to drivers and vehicles.
- Verification of security procedures.
- The evolution of means of communication, as well as the new possibilities brought about by the development of computer systems, must be able to lead to the acceptance of files submitted by companies whose manager does not reside in the department of the company's head office, or in a neighboring department.
- Consequently, the applicant must provide the administration with all the elements relating to the organisation of the company and the IT tools at its disposal, enabling the administration to verify that it has the means to intervene at any time, effectively and permanently, despite its remoteness. This remoteness must not lead to the control of the activity of employees being rendered ineffective.
- The justification for these means may be provided by any medium: decisions of general meetings, organization charts or internal documents if they have been published, mission letters, delegations of authority, inventory of IT tools (software, internet connections and communication networks, etc.). The administration is entitled to reject a request that is based on insufficient justifications.
The company and the manager must be bound by a contract which specifies the responsibilities and missions of the
external transport manager.
Criteria to be respected in the case of remote management of a company:
THE SALARY OF THE INTERNAL TRANSPORT MANAGER
Volunteering cannot be accepted in the case of an economically structured company without rendering the transport regulations concerning the exercise of the permanent and effective management of the transport company meaningless.
FEES OF THE EXTERNAL TRANSPORT MANAGER
• Concerning the fees (remuneration) of the external transport manager service provider, there is no regulation. Nevertheless, the DRIEAT - DREAL - DEAL (Dom-Tom) remain vigilant so that the rate corresponds to the service provided and depends on the fleet of vehicles to be followed.
Loss of honorability of the transport manager
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Transport manager knowledge refresher coursePersons holding a certificate of professional competence, who have not participated in the management of the transport activity of a road transport company in the last five years, will be able to follow additional training of 35 hours to update their knowledge before being able to be designated transport managers. These training courses are provided in training centers approved to offer courses to update knowledge in goods (heavy or light) or passengers ( or - 9 places), in person or remotely (e-learning). Unlike face-to-face training, which is part of a training calendar, distance learning can be started at any time. Trainees must be able to prove 35 hours of connection spread over a maximum of 2 months of connection.
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Loss of honorability, transfer of activity or departure of the transport managerList item 1Decree No. 2016-1550 of November 17, 2016, Art R3113-13, relating to certain provisions of the regulatory parity of the aforementioned transport code grants companies a maximum period of six months to replace the transport manager who has lost his honorability and who, consequently, will not be able to claim his professional capacity until he has been rehabilitated.
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Physical incapacity and death of the transport managerList item 2In the event of death, Decree No. 2016-1550 of November 17, 2016, Art R3113-13, relating to certain provisions of the regulatory part of the aforementioned transport code grants companies a maximum period of nine months in the event of physical incapacity or death of the transport manager.