Our company operates on a restricted license and doesn’t have a transport manager. On reviewing the missing mileage report for our vehicle we have found several occasions where the driver appears to have driven without his drivers card for more than an hour at a time. We always discuss routes and drops with the driver to ensure they are ok to do within the driving hours and if they have any concerns about completing their route in time we will adjust the route so it is doable.
My question is we are obviously pulling the driving in on this matter (and most likely will be dealt with under the companies disciplinary procedure as gross misconduct) but as it’s such a serious offence and has happen on approx 3 occasions it would appear to definitely be deliberate as a operator do we need to be reporting this to the traffic commissioner or DSVA or will the company be covered if we have shown to have dealt with the matter internally? This is the first time we have been presented with such a serious breach and need to be sure we are doing everything correctly and by the book.
As you say that you have received a missing mileage report, I’m assuming that you have been downloading the vehicle unit regularly, and exporting the data for analysis and this is what has thrown up the report.
On the face of it, it seems that you are doing everything as you should, but you will need to be very careful how you deal with this. Is this the first time that you have received an adverse report, and did all the breaches occur in the one period between downloads? If so, this makes it less serious, but you need to have a deep and meaningful with the driver ASAP. It will be best to have a witness present, and to minute the conversation carefully, especially if he tries to blame you for allocating work that can not be done within the legally prescribed hours. Who knows what’s been going on, he wouldn’t be the first driver who’se been doing little jobs on the side with the bosses truck, you’ll find out when you haul him in. If you decide to keep him, you will need to issue him with a severe warning, which he will have to sign for, and of which you will want to keep a copy to prove that you are aware of the problem, and that you have taken steps to put it right, in case DVSA get on the case, which they won’t unless they download the head in a roadside check.
If it was me in your position, I wouldn’t report it to the traffic area office, as they may never become aware of it anyway, and even if they do, then as long as you can demonstrate appropriate diligence, you should be fine.
Good response OJ. I agree about not reporting, it’s only if you have a conviction that you need to report.
And you need to interview the driver to make sure there isn’t some weird and wonderful explanation before jumping to a conclusion.
Whilst we have trackers on the vehicles for security for the high value loads, it does mean that if we don’t see anything odd at the time, (I don’t even switch mine on some days), we can track back where the vehicle has been at any point.
It goes without saying of course that you’ll first need to pull out all documentation/runsheets/delivery notes etc (as well as vehicle and driver data) for the days in question, and go through them to ascertain exactly what happened (and where!) so that you can ask the appropriate questions (and challenge his responses if necessary).
Thanks for the replies (and apologies for the long reply). Our reports normally show a number of occurrences each month where the vehicle is moved from the shed it’s parked in over night (as it’s not used daily) to the yard without a card (always less than 2 mins per move). Unfortunately i have up until recently not been responsible for checking this report. On looking back over 12 month period whilst the two major 1+ hours of driving without a card were within the same period i since have found a further two instances dating back to June of 1+ hours and another 6 or so of 20 mins + (same driver) which means it needs to be managed very carefully from the operator end. The manger named on the operating license briefly spoke to the driver this afternoon who came up with some excuse about he’d hit his 9 hours driving that day so removed his card and had an extra hour to get back. He’s been driving for 30+ years and is fully aware he can drive 9 hours a day extended to 10 hours twice a week. This as i’m sure you will all agree is nonsense as all drivers know the first thing they do is insert their drivers card and the last thing you do is remove it and you never remove it during a shift unless pulled by the police or DSVA so they can check it. He has been asked to go away and then come back for a formal meeting regarding the issue. I pulled delivery notes and the drivers records for the first two instances i found and unless held up in traffic etc it should have been max 8 hours driving both days. I have to pull the other records tomorrow prior to his formal interview. Personally i my opinion it looks like he’s been pulling his card towards the end of this second 4.5 hour driving period to avoid having to take a second 45 minute break so he could get home earlier.
I can only assume the person looking at these reports previously only skimmed them and assumed all missing mileage were just shunting around the yard (obviously also weren’t doing their job and just going through the motions to print the report which is generated automatically via remote download from the vehicle). As you say i’d rather avoid informing DVSA if at all possible for all involved but with instances dating back over the last 12 months it has not been dealt with correctly to date from an operators point of view either. Since being asked to look at and introduce policies and procedures to obtain a FORS accreditation i have had to look into the various reports / procedures more and more. Its quite clear the main director named on the operating license doesn’t seem to know or understand all the undertakings that is his responsibility as a person named on the operating license. Whilst i am not a transport manager or named on the operating license i have learnt a tremendous amount whilst obtaining the FORS accreditation but with lots more to learn.
My main concern now is as i am being asked to undertake more and more of these reports and checking legal eliminates etc that i could be held responsible if something like this does comes to the DVSA attention even though technically i am not on the operators license and have had no formal qualifications as a transport manager. Most of my knowledge has actually come from my father who ran a HGV driving school for 10+ years and more worryingly the internet (a dangerous thing i’m aware). When asking the named person on the operating license i normally get the answer ‘I don’t know’ look it up on the web. Its not my place to advise the director but i think he should definitely do a operators awareness course at the very least. I’m thinking i need to draft a formal email to him and the other named directors on the operator license to voice my concerns regarding this and perhaps even say until they are undertaken all their responsibilities as a operators license holder i am going to cease undertaking managing the vehicle. At least this will show i have noted the issue and brought it to the named persons on the operators license. Do you think this would be reasonable as technically i am employed as a Contracts Manager not a transport manager?
I think I’d go down the route of detailing the errors you have found so far, making clear which are the ones you have found from before your tenure, then spelling out the consequences, followed by the remedial actions that need to take place along with a timetable. Within that could include the director taking training. If you get a serious response, I don’t see it as an issue for you personally to worry about. You’ve gone in, found a problem, found historical issues, then you’ve solved it. If they don’t treat it with the gravity it deserves and pretty much immediately start implementing your programme of improvements, only then would I give it the either or bit about managing the vehicle. But that’s a personal pov.
Have you put the driver on gardening leave? That would focus their minds on the seriousness.
Were there road closures, accidents or severe weather on the dates when driving with no digital card ?
The law allows the hours to be exceeded to find the next suitable parking and the safety of other road users.
With above criteria, there is no valid reason to take the card out just to make it back to base.
A printout is done , explaining the excessive driving, for example " Trapped on M1 for four hours, moved on to Toddington MSA."
Printout handed in to base, driver keeps it for 28 days.
Moving around the yard with no card is common to fuel up, wash the lorry, move it if blocked in another truck.
Driving without a card on the public road is fraud, the penalties are severe, fines and prison.
As a restricted licence holder the buck stops with the directors. Although they may have delegated responsibility to someone else in any DVSA investigation they will be interviewed, sometimes if serious enough under caution.
If the vehicle is stopped and the missing mileage is found this would probably lead to a follow up visit to see if there are any other issues.
What the Traffic Examiner would be looking for is how quickly you spotted it and what action did you take, which from the sound of things was prompt and decisive.
I would certainly bring what has happened and what you have done to the attention of the directors if only so if something does happen its not a complete surprise.
The DVSA is looking for an operator to Monitor, Educate and Enforce, which looks like you have done in that sequence.
As for training why not see if your local DVSA office is running any new operator courses, they are usually a morning session and free, and the benefit is that it is on their records that you attended.
What drivers don’t realise is that driving for 6 hours without a break is a tachograph offence, dealt with by a trip to the magistrate court or fixed penalty and maybe also the Traffic Commissioner.
Driving for four and a half hours then ejecting your card like it’s some magic way of hiding the offence is fraud. Now that is a whole different ball game when it comes to fines, penalties and the TC’s little chat.
I’d say it’s more a case like me ( older driver ) that he thought no one would know that he’d driven without his card in, now he knows you know I doubt it will continue .
we come from a era when we thought we could do what we wanted , then there’s the never being pulled so why worry anyway
hopefully even though he’s getting on he’ll learn and that will be the end of it , I learnt , £770 fine makes you stop and think ( have a look through my posts fines somewhere ) and that was for mins without a card in / 1 offence , 5/6 offences is going to burn a hole in his pocket ( it was a % of your wage+ victim sur+solicitors fees ) and I doubt he will get a caution as I did .
hopefully you can sort it before it ever gets anywhere near a court ,courts are ok when your young , you just don’t care , but as you get older it’s not much fun
nb I’ve assumed he’s a older driver
Thought maybe there were some trucks like that these days with all the computer malarkey!