Legal Q&A · Compliance, Registers & Licences

Our transport manager is leaving. How much time do we have to replace them without losing the authorisation?

Law as at 12 September 2026

Short answer

A change in the person of the transport manager must be notified to the district office in the regional capital within 15 days, and you may operate transport only with an appointed transport manager who effectively and continuously manages the transport activities. Regulation (EC) No. 1071/2009 allows the authority to set a period of up to six months to appoint a replacement where the transport manager ceases to satisfy the requirements of good repute or professional competence; on the transport manager’s death or physical incapacity, it may be extended by three months. The period is not automatic and concerns the fate of the authorisation. The Act does not rule out a fine for operating without a transport manager even during that period, so arrange a replacement while the notice period is still running.

An authorisation to engage in the occupation of road transport operator rests not only on the company but also on one particular individual. The professional competence required by Article 3(1)(d) of Regulation (EC) No. 1071/2009 is held for the undertaking by the transport manager, and Act No. 56/2012 Coll. on Road Transport requires the operator to appoint at least one (Section 6(11)). When the transport manager resigns, falls ill for a prolonged period or loses good repute, the company loses one of the four requirements on which its authorisation rests.

What you must do immediately

The first duty is notification. The operator makes it itself; the authority would otherwise learn of the change only on inspection:

The transport operator must […] notify the road transport administrative authority of the person it has appointed as transport manager, or of a change in the person of the transport manager, of a change in particulars recorded in the register of operators and, in the case of a legal entity, also of a change in the person serving as its statutory body or a member of its statutory body, within 15 days of the change […]

— Section 7(h) of Act No. 56/2012 Coll. (unofficial English translation)

The transport manager’s name appears in the public part of the register of operators (Section 7a(2)(c)), so the change is visible externally as well. At the same time, you may operate transport only through an appointed transport manager who effectively and continuously manages the transport activities (Section 7(o)). For operating transport without an appointed transport manager, and likewise for failing to notify the change within 15 days, the authority imposes a fine of EUR 100 to EUR 15,000, and, if the breach is repeated within two years of the previous fine becoming final, EUR 5,000 to EUR 50,000 (Section 48(1)(b) and (d), Section 48(5)).

Six months to put matters right, but not automatically

The Regulation anticipates that a transport manager may unexpectedly drop out of the undertaking. If the authority establishes that the undertaking has ceased to satisfy one of the requirements for the occupation, it may set a period for putting matters right. For the transport manager, Article 13(1)(a) of the Regulation provides a period of no more than six months to appoint a replacement where the transport manager no longer satisfies the requirements of good repute or professional competence; on the transport manager’s death or physical incapacity, it may be extended by three months. If the undertaking does not satisfy the requirements, the authority suspends or withdraws the authorisation within the periods set (Article 13(3)). In Slovakia, this procedure is also triggered by professional supervision, which in the event of a serious or repeated breach refers the matter to the road transport administrative authority under the Regulation (Section 47(1)).

Point (a) expressly speaks of a transport manager who has lost good repute or professional competence. It does not mention the transport manager’s departure from the company, although without one the undertaking ceases to satisfy the professional competence requirement, and how a particular district office proceeds must be verified in the proceedings concerned. Moreover, the authority may set the period but need not, so it is not a protective period running of its own accord from the transport manager’s departure. The period concerns the fate of the authorisation, not fines: the penalty for operating transport without an appointed transport manager is governed separately by Section 48(1)(b), and the Act provides no exception for the time spent looking for a replacement. A special rule applies on the death of a transport operator who was an individual and at the same time the transport manager: heirs, a surviving spouse or an administrator of the estate who continue the transport business must appoint a new transport manager within six months of the death at the latest (Section 5(6) and (8)).

Who may replace the transport manager

A new transport manager must hold a certificate of professional competence (Section 7(f)), be at least 21 years old (Section 6(1)) and have good repute evidenced by a criminal record extract no more than three months old (Section 6(3)). They must be resident in the Union and genuinely linked to the undertaking, for instance as an employee, managing director or member (Article 4(1) of the Regulation). If no such person is available, both the Regulation and the Act permit an external transport manager under a contract precisely defining their tasks and responsibilities; such an arrangement must be approved by the authority (Section 6(11), Article 4(2) of the Regulation). One external transport manager may manage no more than four undertakings with a combined maximum of 50 vehicles (Section 6(12)). A contract that exists only on paper will not help: if the transport manager does not genuinely manage transport, that is a breach carrying the same fine as operating without a transport manager (Section 48(1)(b)).

If the role is to be taken over by someone from your own ranks without a certificate, they must pass an examination before the district office’s panel. The application must be filed at least seven days before the date, the examination has a written and an oral part, and an unsuccessful candidate may resit it no earlier than after one month (Section 6(7) and (8)). This time must be allowed for when planning the departure.

How to proceed

The least risky course is to have a replacement arranged before the transport manager actually leaves: align the new transport manager’s start with the end of the notice period, notify the change within 15 days, and have the documents evidencing their competence and good repute ready in case of inspection. The requirements on which the authorisation rests are discussed in what you need for a road haulage authorisation. We prepare the change of transport manager, the contract with an external transport manager and the dealings with the authority through our road transport licensing service.

This answer provides general information on the law as at 12 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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