Fortnight 90 hour driving rule

Hi, I’m fairly new to the industry and was looking for some clarification. I went over my 90 hour fortnightly drive last sunday night :
Week 1 : 44 hours (friday finish)
Week 2 : 42 ( friday finish)
After 42 hours rest, I put my card in On sunday, which by the end of the shift, I was on 94 hours.
My transport manager assured me it would be ok.
I had an enfringe
Ent through the post this morning. I was under the understanding that I would be fine and wouldnt recieve one.
Any help/feedback would be much appreciated,
Thanks

Trucker2468:
Hi, I’m fairly new to the industry and was looking for some clarification. I went over my 90 hour fortnightly drive last sunday night :
Week 1 : 44 hours (friday finish)
Week 2 : 42 ( friday finish)
After 42 hours rest, I put my card in On sunday, which by the end of the shift, I was on 94 hours.
My transport manager assured me it would be ok.
I had an enfringe
Ent through the post this morning. I was under the understanding that I would be fine and wouldnt recieve one.
Any help/feedback would be much appreciated,
Thanks

How many driving hours before Sunday midnight after totalling 86 :question:

Without knowing exactly how much driving you did before Sunday midnight it’s not possible to say whether or not you should have got an infringement, if you did less than 4 hours driving after Sunday midnight the infringement will be correct.

You can legally do 90 hours driving in any two consecutive fixed weeks, a fixed week is 00:00 Monday to 24:00 Sunday, so the fortnightly driving limit of 90 hours is from 00:00 Monday to 24:00 Sunday 2 weeks later.

Learn the regulations rather than depending on a TM who will often only be interested in getting the job done.

By 8pm sunday I had driven 8 hours, and I had 94 on my two week drive time.

Trucker2468:
By 8pm sunday I had driven 8 hours, and I had 94 on my two week drive time.

In that case the infringement is correct, weekly and fortnightly driving times are not reset with a weekly rest period.

Put it down to experience and learn from it.

I just cannot believe he lied to my face about that, my own fault for believing him. What am I looking at fine wise if I get pulled over by vosa?

Trucker2468:
I just cannot believe he lied to my face about that, my own fault for believing him. What am I looking at fine wise if I get pulled over by vosa?

As long as you have a clean card you’ll probably get a warning to be more careful in future.

Thanks for the info Tachograph, I do have a few on my card, which should clear by the time I start back on the 4th of January. My current company doesn’t care if I go over hours to get home on a friday, gone over 10’s and allowed 15’s, maybe time to look for another company next year.

Trucker2468:
Thanks for the info Tachograph, I do have a few on my card, which should clear by the time I start back on the 4th of January. My current company doesn’t care if I go over hours to get home on a friday, gone over 10’s and allowed 15’s, maybe time to look for another company next year.

Why would they be clear by 4th Jan :question:

ROG:

Trucker2468:
Thanks for the info Tachograph, I do have a few on my card, which should clear by the time I start back on the 4th of January. My current company doesn’t care if I go over hours to get home on a friday, gone over 10’s and allowed 15’s, maybe time to look for another company next year.

Why would they be clear by 4th Jan :question:

Maybe he’s getting a card cleaner for Xmas.

By the time the OP returns to work none of the infringements will be current, so unless his driver card shows persistent none compliance there shouldn’t be a problem.

Trucker2468:
I do have a few on my card, which should clear by the time I start back on the 4th of January. My current company doesn’t care if I go over hours to get home on a friday, gone over 10’s and allowed 15’s, maybe time to look for another company next year.

Rather than looking for another job it may be worth simply refusing to run over your time :wink:

Trucker2468:
I just cannot believe he lied to my face about that, my own fault for believing him. …

It’s quite possible that he didn’t intentionally lie to you.

It wouldn’t be the first time that a TM didn’t understand a regulation. :wink:

By the 4th of January when I return to work, 28 days will have passed since the day the infringements occurred. One saying in life is you learn by your mistakes, I have learned And I wont be doing it again.
Thanks everyone for your input/info.

Trucker2468:
By the 4th of January when I return to work, 28 days will have passed since the day the infringements occurred. One saying in life is you learn by your mistakes, I have learned And I wont be doing it again.
Thanks everyone for your input/info.

Records on your card are likely to be on it for about a year and those up to 6 months old can be enforced if the authorities wish to

ROG:

Trucker2468:
By the 4th of January when I return to work, 28 days will have passed since the day the infringements occurred. One saying in life is you learn by your mistakes, I have learned And I wont be doing it again.
Thanks everyone for your input/info.

Records on your card are likely to be on it for about a year and those up to 6 months old can be enforced if the authorities wish to

Fixed penalties can only be issued by the DVSA for current offences, beyond that serous cases of none compliance can be reported to the TC, however only serious cases of perpetual and deliberate none compliance are likely to be reported for prosecution.

tachograph:
Fixed penalties can only be issued by the DVSA for current offences…

What is deemed as current :question:

ROG:

tachograph:
Fixed penalties can only be issued by the DVSA for current offences…

What is deemed as current :question:

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.

tachograph:

ROG:

tachograph:
Fixed penalties can only be issued by the DVSA for current offences…

What is deemed as current :question:

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.

TA

I’m sure you already realise this but when I said “I believe the DVSA are trying to get the rules changed so they can penalise historic offences” I meant penalise historic offences by fixed penalty :wink:

tachograph:
I’m sure you already realise this but when I said “I believe the DVSA are trying to get the rules changed so they can penalise historic offences” I meant penalise historic offences by fixed penalty :wink:

I did as it seemed reasonable