Is it a legal requirement for a driver that has been issued a fixed penalty notice - £200 fine for tachograph infringements to tell his employer that he has been stopped? Would the Enforcement officer tell him he must give a copy to his employer? Or do they send a letter to the operator? Sorry for all the questions but the driver in question told the TM but didn’t hand the copy of the Notice in and is now getting a warning.
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why didn’t he hand it in? on our de-brief we are asked have you been stopped by DVSA/Police.if yes you are expected to hand in any relevant paperwork.it’s a Company vehicle after all…
I don’t know the legal requirements about notifying the company but most contracts have a catch all section along the lines of “follow any reasonable management request.”
So if company policy is to notify then your mate is stuck.
I would’ve thought they need to know as it’s their operators license too. As said above I’ve usually found it asked at a debrief or on end of shift paperwork.
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I’d say it’s fairly common sense to tell the employer bearing in mind it’s their operators licence and it will have an impact on their OCRS status.
The operator will get a letter for sure, and a possible visit depending on the mistakes 
Any excuse for a tea + biscuits visit nowadays according to one DVSA client contact officer I met the other week 
I don’t know the legal requirements but why would you not want to hand anything in? Can’t see any reason for not doing…
lee.HGV:
Is it a legal requirement for a driver that has been issued a fixed penalty notice - £200 fine for tachograph infringements to tell his employer that he has been stopped? Would the Enforcement officer tell him he must give a copy to his employer? Or do they send a letter to the operator? Sorry for all the questions but the driver in question told the TM but didn’t hand the copy of the Notice in and is now getting a warning.
AFAIK, the driver has to keep the ticket for a while in order that he can pay the fine.
In the absence of any other info, I’d say that telling the TM is sufficient because it shows that the driver has made no attempt to hide the matter from his employer.
If the driver told the TM what had happened at the time then he has, as far as I can see, complied with his obligations as a professional driver to inform his employer. The penalty ticket is a matter between himself and the DVSA.
dieseldave:
AFAIK, the driver has to keep the ticket for a while in order that he can pay the fine.
Pretty sure the option is there to pay the penalty either on the spot or on-line within minutes of the ticket being issued.
The warning for the driver will be part of the companies attempt to show the DVSA /TC that they are dealing with it .
Infringements should be picked up by the company when processing the drivers downloads or tacho discs . They should then have a process of bringing the infringements to the drivers attention and a record of action taken.
Could be a bit of stable door bolting or ■■■■ covering .
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grumpyken52:
The warning for the driver will be part of the companies attempt to show the DVSA /TC that they are dealing with it .
Infringements should be picked up by the company when processing the drivers downloads or tacho discs . They should then have a process of bringing the infringements to the drivers attention and a record of action taken.
Could be a bit of stable door bolting or ■■■■ covering .Sent from my SM-G903F using Tapatalk
A warning etc for the tachograph infringement is all well and good (even though the driver has already been sanctioned for it by the DVSA). What appears to be happening here though is a warning for “failing to hand in the penalty notice” (even though he did tell the TM about it).
unless the driver is new to the company or away for long periods the company should have picked it up anyway,
Personally I would inform the TM and keep the ticket as evidence that the offence is now spent in case I get stopped again.
If the TM wanted a copy I would have let him make one.
Apart from the actual hours offence your pal is 100% correct in my book.