How is this an infringement?



Getting these flagged up as infringements.
I did not drive for 2 weeks prior to this chart.
Two weekly rests taken in the period, why would I need 11 hour rest on the Monday?

I cant see why you got an infringement.You need to tell them its all good.

“Potential roadside penalty £0.00” that’s all you need to worry about.

As an aside the person asking you to sign for the infringement should also be the person to explain how and why you committed this heinous crime. If he/she can’t then simply refuse to sign until somebody can explain your mistake.

Some of the wtd software doesn’t recognise 9 hour breaks

Possibly an analysis software glitch. I always worked Thursday to Monday.Over the last couple of years, I have been stopped twice by Dibble,both times on a Thursday.First,”Just a routine check,driver “,second for speeding :blush: :blush: . Both of them checked my card and both said that I had had insufficient daily and weekly rest periods.
I queried routine check guy and he started waffling a load of rubbish. He clearly didn’t know what he was talking about,I kept trying to explain the rules to him but he was adamant he was right.Luckily, he was called to another job but he told me that he would be looking for me. Never saw him again :unamused: :smiley:
Second one was totally different. He let me explain my understanding of the rules and said he would check when he got back to base. Phoned me a few days later to tell me that I was correct and admitted that their card readers couldn’t handle someone working over the weekend :laughing: . Still did me for speeding though :frowning: :frowning: :frowning:

There’s no manual entries showing here, and the first day has the card popped, and then re-inserted into the same vehicle… I would imagine that “split shifts” isn’t recognized by the software neither.

I used to get infringements thrown up for working Friday-Tuesday, and then flagging up “insufficient weekly rest” - when I then took 60 hours from 09:00 on the Tuesday, and a 48 weekly rest leading upto the start of that block of five shifts…

“Computer - doesn’t recognize weekly rests taken at any time other than the weekend” I got told.

I ceremoniously threw the infringement chit handed to me - straight in the bin in full sight of everyone. :grimacing:

Thanks for the replies.
Yes I know it is not a real infringement, but the software is giving me one of these for every 9 hour rest I take.
Wondering if anyone has come across this in tachomaster and knows how to rectify it.
It will be quite annoying to get these each week.

I should add that my external TM (who will be reading this, and is a great TM and a jolly nice person) is not pushing this as an infringement but is stumped like me as to why it is showing this.

Thanks

Winseer:
There’s no manual entries showing here, and the first day has the card popped, and then re-inserted into the same vehicle… I would imagine that “split shifts” isn’t recognized by the software neither.

Split shift but still did not exceed any duty or rest times.
It is giving me this infringement for every 9 hour rest that I take, not just this one

The infringement is a WTD infringement (as opposed to an EU drivers hours infringement). The EU entitlement is to reduce your rest a maximum of 3 times between weekly rest periods and you haven’t fallen foul of that rule.

As I understand the Road Transport (Working Time) Regulations supersede the Working Time Regulations in respect to rest breaks for the transport sector and it does seem that for some reason your employer has the Working Time Regulations stipulation for rest breaks activated on the software.

This seems to make sense because the entitlement under the Working Time Regulations is to 11 hours consecutive rest in each 24 hour period during which work is carried out. These regulations do seem to state that they don’t apply to transport in certain aspects.

Perhaps a checkbox ticked wrongly on the software?

Hope this helps.

idrive:

Winseer:
There’s no manual entries showing here, and the first day has the card popped, and then re-inserted into the same vehicle… I would imagine that “split shifts” isn’t recognized by the software neither.

Split shift but still did not exceed any duty or rest times.
It is giving me this infringement for every 9 hour rest that I take, not just this one

You had two reduced rests, but that was it. (9:00hrs counts the same as 10hr59m) - “below 11 hours” is the definition of “reduced daily rest”. 08:59 then - would be illegal. You didn’t do that.
There would have needed to be 4 reduced rests in the range 9:00-10:59 in the same week for that to be an infringement.

Noremac:
The infringement is a WTD infringement (as opposed to an EU drivers hours infringement). The EU entitlement is to reduce your rest a maximum of 3 times between weekly rest periods and you haven’t fallen foul of that rule.

As I understand the Road Transport (Working Time) Regulations supersede the Working Time Regulations in respect to rest breaks for the transport sector and it does seem that for some reason your employer has the Working Time Regulations stipulation for rest breaks activated on the software.

This seems to make sense because the entitlement under the Working Time Regulations is to 11 hours consecutive rest in each 24 hour period during which work is carried out. These regulations do seem to state that they don’t apply to transport in certain aspects.

Perhaps a checkbox ticked wrongly on the software?

Hope this helps.

That makes a lot of sense. Will look for that setting, thanks