Serious tacho infringement

Hello all.

I’ve just committed what is my first and I’m determined will be my last ever serious tacho offence. I’m not looking for sympathy but I’m ■■■■■■■■ it if I’m honest and wanted some advice.

I’ve been driving for almost a year and so far have only had a few minor infringements which were all at the start. These were mainly rushing for timed deliveries and then going over my six hours WTD by a few mins (but never my driving time). Also had one where I didn’t realise tacho hadn’t defaulted to ‘other work’ like in most of the wagons and was still on rest - making it look like I’d not done my morning checks.

All the above were noted by my employer and I signed to confirm that I had acknowledged and we had put in place measures to prevent reoccurence.

However, the following is much much worse.

I did an agency job which was my first time working in London - long drive from North Midlands. It became apparent I was going to struggle to get back so they pulled me out of last drop. I then realised I still wasn’t going to get back and called agency and customer.

They gave me two choices. Either sleep in wagon or drive back and make a note on printout. There was nobody available to pick me up but I was assured that in the instances where this had happened before that it hadn’t been an issue - they said that there are generally allowances for unexpected situations.

I didn’t have any contact lens solution/cases with me and so I didn’t think it a good idea to stay out. My eyes were already sore and had I taken out my lenses I wouldn’t have been able to put back in as go rock hard. Furthermore, if I took them out and got collected in morning I’d still have an hour’s drive from depot to my house which I’d not want to do with compromised vision. I appreciate this would all likely be seen as ‘bad planning’.

So I chose to drive back and make a note on printout. I’d been planning to pull into a service station and do this but ended up stuck in standstill traffic so decided just to do a printout there and then - I wanted to do it before 10 hours driving time was up so it looked like I’d thought this through and not made a knee-jerk decision to drive on.

However, I couldn’t find the print option on the tacho - usually it can be accessed with arrow keys. I thought ‘maybe I need to pop card out to access head unit data’ and did so. Traffic starts moving so card goes back in and I drive on thinking I’ll just do it when I get back.

It takes me 1.5 hours to get back (had originally said 45 mins on sat nav) and I’m already thinking ‘this was a bad idea’. When I get back card won’t eject and I realise it’s wedged in slot. I manage to push it in with bank card and then eject it but it quickly becomes apparent that it wasn’t active so now there’s a discrepancy between head unit and card.

It now looks like I’ve intentionally pulled card to avoid going over ten hours! No inspection officer is going to believe this tall tale but it’s the honest truth. I did a manual entry this morn and selected ‘other work’ until the correct finish time as I figured it’d look worse to select rest as that’s what somebody would do who was trying to hide his activity.

What’s the best option to come clean about this? Am I totally ■■■■■■?

I’m not one of those guys that bends the rules regularly and I’ve learnt my lesson. However, I’m worried that the above is already enough to get me in serious hot water.

How long over the 10hrs did you go?
At best justification for going over 10 hrs drive time would be to allow you to find a safe place to park,if you get an arsey DVSA guy you are really going to struggle to convince him that what you did was justified after all going over 9 hours is already an extension on your daily driving time I’d assume that you also went over 15 hours Working time for the day too?
And I hope for your sake you took 11 hrs off before starting again?!,If not this could also go against you as it may appear that you broke the law to get back to enable you to start early the next day.

But for now just say nothing,relax and avoid any DVSA checkpoints you know of :laughing:

I can see your quandary. Personally I would have left my card out and not done the manual entry for other work. Instead making a note on the printout the error that was made then taking adequate rest to reset your daily rest. If the discrepancy was then picked up at a later time, hold up your hands and explain what you did when stuck in traffic (personally I only do a printout when I eventually come to a stop for the intended activity). I have only had 1 infringement and that was for 6hr rule after getting stuck in traffic, a printout at 6hrs would mean nothing, so a printout at my break would cover me.

Good luck bud [emoji106]

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agree with you OP on your ‘bad planning’. always prepare for the unintended …delays,possible night out…and keep spare lenses,prescription tablets etc. with you.

By the time I got back and moved the wagon around the yard several times it would’ve been a good couple of hours over my driving time.

In the cold light of day I know this is totally unacceptable and if I could go back in time I’d have just parked up, taken out contacts and then said “sorry, can’t see well enough to drive” in the morning. I’ve never been in this situation and was panicking a bit to be honest. Once I’d decided on the “get back and do a printout” option I felt I was beyond the point of no return and was just trying to press on - stupid, I know.

I didn’t exceed the 15 hrs as I’d had several breaks etc. Also didn’t exceed 4.5 hrs driving, but I may have exceeded the 6 hrs WTD as I didn’t enter my break when I did the manual entry this morn.

My main concern is the missing driving time on the tacho head. I know they have to download the data, but what happens then? Is it passed to DVSA or only on request? I’m only working here for another few days but the information will presumably be on there for months to come.

When you say you didn’t exceed 15hrs because you had several breaks,you do know that the 15hrs is from your start to finish time regardless of breaks?,having breaks doesn’t reduce the 15hrs.

If it wasn’t for the card issue I’d be less worried but it now just looks like too much of a perfect storm to be believable.

I’ve had it get stuck in the machine before and upon insertion it often says ‘driving without card’ until you hit OK, so I genuinely didn’t have a reason not to think it was working.

xichrisxi:
When you say you didn’t exceed 15hrs because you had several breaks,you do know that the 15hrs is from your start to finish time regardless of breaks?,having breaks doesn’t reduce the 15hrs.

No, I didn’t. I thought POA and breaks came off working hours. If that’s the case then I’m almost an hour over.

Most of my work has been multi drop so never exceeded drivers hours and day ends when sites close for the day.

the max is a 15 hour SHIFT so 0600 to 2100 for example

1 - What time did your shift start :question:
2 - What time did your shift end :question:
3 - how many driving hours did you do in that shift :question:
4 - how much work+drive combined hours did you do in that shift :question:

Cheers guys.

So is this likely just a lesson learnt or should I be getting worried about repercussions? One thing’s for sure that I’ll never let it happen again!

I’ve not yet been pulled by VOSA in almost a year and assuming I don’t get stopped for a month my card should presumably be clear.

It’s the missing driving hours on tacho head that really worry me as should be easy enough to trace back to me If picked up.

All you can do is sit it out and hope it passes unnoticed tbh,I’ve driven for 16 years and only been pulled twice which oddly was in the same week and over 200 miles apart!!

Hopefully all the worry will come to nothing for you pal :slight_smile:

Cheers guys. Feel like such a plum.

Can anyone explain what usually happens to the recorded data from the in truck tacho? I’d hate for this to come back and bite me in the ass months down the line.

Just read this on a thread from last year. Almost sounds too good to be true…

My understanding is that a current offence would mostly be the same day, for instance exceeding the daily driving limit would not be current after a daily/weekly rest period, however there are exceptions such as insufficient daily/weekly rest, obviously if you have insufficient weekly rest it’s going to remain current until you’ve had the correct weekly rest period.
I believe the DVSA are trying to get the rules changed so they can penalise historic offences, but I’m not sure how far back they will be able to go with historic offences, 28 days I presume but I don’t really know.

Tailschwing:
By the time I got back and moved the wagon around the yard several times it would’ve been a good couple of hours over my driving time.

In the cold light of day I know this is totally unacceptable and if I could go back in time I’d have just parked up, taken out contacts and then said “sorry, can’t see well enough to drive” in the morning. I’ve never been in this situation and was panicking a bit to be honest. Once I’d decided on the “get back and do a printout” option I felt I was beyond the point of no return and was just trying to press on - stupid, I know.

I didn’t exceed the 15 hrs as I’d had several breaks etc. Also didn’t exceed 4.5 hrs driving, but I may have exceeded the 6 hrs WTD as I didn’t enter my break when I did the manual entry this morn.

My main concern is the missing driving time on the tacho head. I know they have to download the data, but what happens then? Is it passed to DVSA or only on request? I’m only working here for another few days but the information will presumably be on there for months to come.

Obviously you know you have done wrong and won’t do it again etc but for future reference if you are over time when you get back to the yard park it and leave it. You are out of time someone else needs to sort it

I can’t answer the question regarding how serious problem can be but… regarding your contact lenses.

I wear them too purely for driving as I can’t drive without glasses or contacts… I tend to keep a pair of glasses with me all the time incase I have issues with them. But in your situation I would either drive back and write on printout or try my best to find somewhere where it’s possible to buy some solution from the services.

You need to chill out & stop worrying you are obviously new to the game so just familiarise yourself with tacho rules there is plenty of information on Google.

Doing Rugeley to Heathfield and back tomorrow. Saying it’s 4.23 hours each way and I’ve got no 10 hour days left. Might be my first night out!

Tailschwing:
Doing Rugeley to Heathfield and back tomorrow. Saying it’s 4.23 hours each way and I’ve got no 10 hour days left. Might be my first night out!

Heathfield sussex ? NFC as the M25 is involved that spare 20 mins will vanish quicker than a yeti in mid summer

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