Is this illegal use of digicard?

Truckerian99:

Mooping:
I know that this would be frowned upon by a company but is it illegal?

Two drivers begin work at say 6am. One of them (Driver 1) has something he would like to do before going into work and therefore the other driver (Driver 2) arranges with him that he will put the card of Driver 1 into a work vehicle to give the impression that both had started work at 6 am. OK. Is it illegal?

This doesn’t make sense.

  1. Is Driver 2 sitting in the yard waiting for Driver 1 to show up? If yes, why bother he could do a manual entry, as others have said.
  2. What is Driver 2 telling his boss about sitting in the yard for an hour, or whatever, doing FA?
  3. Is Driver 2 starting his day and then picking Driver 1 up at an agreed place? If yes, how is Driver 1 getting to this place?

I’m all for hypotheticals, but they have to make sense.

Short answer: Both are breaking the law for tacho breaches.

Sorry. They aren’t working in the same vehicle. OK call them Driver A and Driver B. Driver 2 (Driver B) will have already left the yard.