New driver - Tacho infringement after 1 week of agency work

Hi everyone!
I’m a newly qualified class 2 driver and have just completed my one and only week (so far), of agency multi-drop work. Unfortunately I’ve realised too late, that I haven’t taken enough breaks during shifts, pretty much due to not knowing how to go about things regarding tachographs, WTD and managing shifts in general.

I must say that, I was completely overwhelmed with the job (as it was my very first time and without any introduction as to what to do or expect), that I was stressing about so many things and didn’t even know that I’d done something wrong until I read further about tachographs and infringements after the working week had ended.

I now have to take a photo of my handwritten time sheet and send it to my agency to get paid. What happens now? does the agency pick up on the abnormalities that I’ve written on the time sheet, in terms of lack of breaks, Or do they just accept it and pay me regardless?

Another thing to add, the company that I worked for (won’t name it), didn’t tell me anything or insisted upon this, that or the next thing - I was simply left to figure it all out By myself - perhaps that’s normal?

I’m really worried about my tacho and WTD infringements - can anyone help me with the reality of my situation and whether I have a lot to worry about or not?

P.S I’m one of these people that needs to be shown something in person and have it set out before me, as opposed to simply remembering a bit of theory for the CPC test, which felt like a long time ago.

Please help!

Thanks in advance!

Agency won’t care.

Ignore company and do what you think is right.

Don’t worry about it unduly. These things happen. No one died. It’s likely to come to absolutely nothing.

In my experience the agencies don’t give two hoots about infrigements, and they wouldn’t see them on your time sheet anyway. Only thing You have to worry is if You get pulled over. Just keep an eye on your times from now on and You’ll be fine. Everyone was there and You most times are left to learn on your own unfortunately.

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folken83 - Thanks for your response!

My time sheet has my handwritten start and finish times on it and details about my breaks, or lack thereof.

Will the agency pay much attention to what I’ve written on there when deciding how much to pay me? Also, what is it that I’m being paid for; driving hours, overall working shift length or something else?

How likely is it that I’ll be pulled over and if so, will the police or VOSA understand my inexperience and remorsefulness and let me off on this occasion, or will I be heavily fined?

After 28 days of actual tachograph card usage, would it be fair to say, that I’m in the clear, if indeed I don’t get pulled over within that time period?

I’ll never let this happen again of course, but it feels although it’s been a steep learning curve.

Sorry for all of the questions - I’m really worried about this.

You will be fine mate.
The agency couldn’t care less as long as they get their blood money.
If you get pulled, just be honest and say it was your first week, they will go easy on you

Usually you get paid for your whole working day minus breaks. If you didnt put brakes down i guess theyll assume 45min each day as thats the bare minimum you should have within 4.5h driving

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And as for being pulled over. Unless you drive erratically in front of them or have blown bulbs, unreadable number plate or such youll be fine. I know people who never been pulled in over 7years :wink:

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Thanks for thanks for the info!
I haven’t taken any WTD breaks at all during the five days of work and I’ve only taken 45 minutes after 4.5hrs of driving 4 times this week because on day 3, I was stuck in heavy traffic and couldn’t stop.
How do agencies check that you’re not lying about the hours you worked?
I’ve had some pretty long days; 0630 - 1945 and 0630 - 2100 - surely the agency won’t pay me for that?

Rog will be along soon but get started by reading
gov.uk/guidance/drivers-hou … s-vehicles
At the end of the day you’ve decided to become a professional driver and as such it’s your responsibility to read learn and understand the regulations.

After all you wouldn’t just let anyone take your teeth out just because they went to school

NJDT:
Thanks for thanks for the info!
I haven’t taken any WTD breaks at all during the five days of work and I’ve only taken 45 minutes after 4.5hrs of driving 4 times this week because on on3 day I was stuck in heavy traffic and couldn’t stop.
How do agencies check that you’re not lying about the hours you worked?
I’ve had some pretty long days; 0630 - 1945 and 0630 - 2100 - surely the agency won’t pay me for that?

They should if you have worked it!

The client would usually sign it to confirm or maybe the agency just checks with them.

As said normal is all duty hours less breaks though some pay those it’s rare.

As said learn your taco regs and take your breaks when required. If that means it will be late it will be late. It’s your license. Just call the office to warn them and then just chill out

The agency won’t care what hours you’ve booked as long as they get paid for them, presumably you got your time-sheets signed by someone at the company ?

If you never got the time-sheets signed (some companies don’t sign time-sheets) you’ll just have to wait and see if the company query the hours you’ve worked.

Did the company download your driver card and if so how often ?

By the way, you say the company didn’t tell you anything but unless they knew that you’re a new driver there’s no reason why they should, companies usually pay agencies for drivers and expect to be sent someone who knows what they’re doing.

Ive definitely become more aware of everything regarding regulations since I finished the week. I’ll continue to read more about it all and know what to expect during my next stint driving, whenever that will be.

To ‘tachograph’ - I did get the time sheets signed. In fact, it was signed without much of a glance at what I’d written down on it.

The company didn’t download my driver card at any point - was someone supposed to do that?

I didn’t know and still don’t anything about downloading driver cards.

Regarding myself as a new driver, i mentioned it on numerous occasions to the company that I was new and that I’d literally just past my practical test etc. and that I’d like someone to explain certain things etc. For the most part, it fell on deaf ears, with the odd exception. The agency put me forward to the company as a newly qualified driver, and the company accepted. So, all information about myself should have been known.

Anyway, I’ve learnt a lot during the weeks worth of work and as such, has put me in a better position going forward.

Thanks for everyone’s posts!

Best ppl to ask would be other drivers you will work with most are more than happy to help and show anything you need to know. And if you dont know something ALWAYS ASK. Its better to look stupid asking then trying to explain anything to vosa guys :wink:

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You’ll never stop learning
Been in the job 39 years and I’m still in the position to say I’ve learned something new on occasions.

As it’s been said never be worried about asking no matter how trivial but it’s always good to read the instruction book first .

Good luck and welcome to the family.

You should be paid for all hours worked. Minus one 45 min break usually on agency.

If that’s over 15 hours you still get paid. Some companies who run “whiter than white” play silly games like adding the hours on to another day. I care not a jot as long as I’m paid.

I’m sure you could fiddle time sheets. But why risk your reputation and your self respect. Smaller companies can be better with regard to this. One owner was annoyed that I took my breaks after coming off a bay. I explained I was not paid. So he told the agency they would not be paid for them - and authorized me to add on 45 mins to each shift. To him having the wheels rolling was important. But he could see I shouldnt and wouldn’t work for nothing.

If the company are not decent like that. Take the breaks only when you want and to stay within law. Don’t take advantage and don’t be a mug. I had to have it out with a shift manager at dhl about this. Was telling me his drivers took break whilst being loaded. But “his” drivers are paid for them so he could go whistle.

Check out this page ^ and follow the link there to Goods Vehicles: rules on drivers hours and tachographs. It’s a pretty good book tbh, lots of explanation and examples.
Learn these rules, this is “The Book” published by DVSA and is what the wheel tappers use when they do you. It’s a guide book to the law though, not the law itself.

A break taken for tacho rules is a break under WTD and a WTD break is also a tacho break. That’s why the minimum for both is 15 minutes. (A WTD break for factory or office workers has to be 20 minutes minimum, for road transport workers the rules have been modified to tie in with what we already have to do).

Don’t worry about having to learn a new rule book after Brexit, if we change rule books it’ll be to the AETR rule book.
That is the same as the EU rule book, so nothing to worry about.

I keep a diary of my driving time, breaks etc. If I run over time slightly I write an explanatory note about it at the end of my day. If I make a right royal screw-up, I also take a print-out from the tacho and write the same note there as in my diary. 30 minutes over would count as a right royal screw-up. 5 minutes is slightly over.