Seán Sherlock (Cork East, Labour)
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Question 25: To ask the Minister for Transport if he will explain the changes to his policy on the employment of a full time transport manager for road haulage companies with 50 or less vehicles; and if he will make a statement on the matter. [39555/09]

Noel Dempsey (Meath West, Fianna Fail)
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Every licensed commercial road transport business, both haulage and passenger, must have a transport manager, who holds a Certificate of Professional Competence.

A consultation paper was issued to all licensed Road Transport Operators in March 2009 proposing a number of changes to the existing Transport Manager Policy. The document was also placed on my Department's Website (ww transport.ie) and sent to a number of representative bodies and agencies.

At that time, transport managers employed by firms were not allowed to engage in any other employment outside the transport firm, or to work as transport managers for other firms simultaneously. There were some minor exceptions where the transport manager was a spouse or partner of the operator.

The majority of the operators who responded in the consultation process, were in favour of the proposed changes, outlined below, which were introduced at the end of September last. Transport managers are now permitted to manage operations for up to four transport operators as long as the total number of vehicles being managed does not exceed 50. The amount of time that can be worked outside the transport firm will depend on the total number of vehicles being managed.

Cases involving outside employment are decided on an individual basis taking into account the maximum working time allowed weekly under the Organisation of Working Time Act 1997 and compliance with EU requirements. The changes introduced will reduce overall costs by allowing an operator to employ a transport manager on a part-time basis rather than on a full time basis, where they have 50 vehicles or less. 85% of all operators own five vehicles or less.

Transport managers who were engaged on a full-time basis to manage a very small number of vehicles, may find they are now only required to work on a part-time basis. However, they will be permitted to work for other operators and/or engage in other employment.

The changes introduced comply with new EU regulations and were notified to all operators when the new policy commenced.