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?
But why?
Why doesn’t he just do a manual entry lol.
As for legality… I guess since he hasn’t actually started work it technically counts as falsifying tacho records.
I think most people are guilty of running a lil late though yet still putting a manual entry to their usual start time.
Falsifying tacho records, yes.
If paid off the card too, won’t this count in the same way putting someone else’s time card into a “clocking in” time stamp machine?
Surely if the card is used to ensure some is paid for work they haven’t done, it’s fraud?
They are both complicit in defrauding the company of money. A criminal act.
I suggest you change jobs if you need to ask that question
adam277:
But why?
Why doesn’t he just do a manual entry lol.As for legality… I guess since he hasn’t actually started work it technically counts as falsifying tacho records.
I think most people are guilty of running a lil late though yet still putting a manual entry to their usual start time.
Not sure who’s daftest, the OP for asking the question or you for offering this strange advice?
Illegal and immoral! If driver 1 is found out (a distinct possibility) what impression does he thinks that gives the company about him as an employee?
If it’s a monetary thing and driver 1 is that desperate for the half hour or hours pay he might miss out on then I suggest he takes a look at his lifestyle and spending habits.
Greed.
Grumpy_old_trucker:
adam277:
But why?
Why doesn’t he just do a manual entry lol.As for legality… I guess since he hasn’t actually started work it technically counts as falsifying tacho records.
I think most people are guilty of running a lil late though yet still putting a manual entry to their usual start time.
Not sure who’s daftest, the OP for asking the question or you for offering this strange advice?
Go on elaborate.
When I worked in a factory we delegated one of the lads who was in to clock us all off at midday when on a W/end o/t shift , we would all go home at 10 am or some didn’t even come in , were clocked in / out by one of the other lads , you just made extra components every day to cover you for Saturday/ Sunday . Same as day shift /re early shift would get stuck in and do extra components so evening night shift could spend most of evening / night in canteen drinking coffee & playing cards or sleeping
The thing the op speaks of has gone on for as long as humans have been about , we never got caught , never questioned as they always got the components they wanted , I guess if you did get caught it would be the sack , but most lads were young so didn’t care , I’m to old & once bitten twice shy now , but 20/30 yrs ago if there was a scam I’d not care & do it
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.
I’m all for hypotheticals, but they have to make sense.
Short answer: Both are breaking the law for tacho breaches.
The second driver could join the vehicle up to one hour later without being prosecuted, but one driver with 2 valid cards is pushing the envelope a bit far.
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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?
Do you really need to ask? Need to examine your values if you think that’s anything but wrong.
Yeah it is. Falsifying tacho records, fraud and theft. If the employer found out I’d expect both to get sacked for gross misconduct.
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.
- 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.
- What is Driver 2 telling his boss about sitting in the yard for an hour, or whatever, doing FA?
- 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.
I’m not sure if it is quite as clear-cut as some think. For example it would only be fraud or theft against the employer if the employee was on hourly pay and stood to gain some financial advantage from it. Also, your tachograph does not have to be on “rest” if you are not actually doing some work-related activity, the driver could be thinking about work and this would count as “other work”. As far as I’m aware there is nothing in the legislation to say that a digicard cannot be handled by anyone other than the person to whom it was issued.
More information about the reason for doing it is necessary before reaching a firm conclusion.
Yes…hourly pay. The reason for doing it was the possibility of gaining overtime pay after 8.5 hours or 16.00hrs.
Mooping:
Yes…hourly pay. The reason for doing it was the possibility of gaining overtime pay after 8.5 hours or 16.00hrs.
Yea, thats naughty.
Mooping:
Yes…hourly pay. The reason for doing it was the possibility of gaining overtime pay after 8.5 hours or 16.00hrs.
Then that would be illegal and whether or not it resulted in a criminal prosecution it would be grounds for dismissal.
So none of you would help a mate out ? Bloody shame 
As Harry says , also illegal to have two cards if you are caught you and your mate will be hammered in court also expect a visit to the tc and leaving without license…is it worth it for a wee bit more cash.personally would tell him where to go Cheers Ray
remy:
So none of you would help a mate out ? Bloody shame
If they’re asking you to do something which could see you fired for gross misconduct are they actually your mate?