Our charts are sent off to the FTA each month and on return of our latest batch I was called in and accused of only taking a daily rest period of 7hrs and 42minutes.
Knowing this not to have been the case I sort out the offending charts and the position is as follows:
I finished my daily driving period at 23.35, removed the chart and marked it with the EDR, SDR lines as we are instructed.
The next day I entered a chart at 08.10 having had a rest period of 8hrs and 35 mins which was fine as I was away from home.
On completion of that days work I removed the chart and drew on the SDR and EDR lines.
Now, the FTA analyser has taken the time between the SDR line on tacho 1 and the EDR line on tacho 2, measured it as 7hrs 42 mins and classed it as a serious offence. I protested to the TM who supported the FTA stance and stated that in future I should draw the lines as close as poss. to the trace on the chart.
However, I have also been informed by an officer of the law that a space of 15-20 minutes (not a lot on a chart) should be left between the end of the trace and the EDR etc. lines for clarity.
Anyone know where I stand in relation to having commited a serious offence?
The practice of entering SDR and EDR on a tacho has no basis in law…
An enforcement agency would only check the times between the last trace of the previous working period, and the first trace of the next.
So despite the FTA and your TM opinions, you have nothing to worry about as long as your 8 hours 35 minutes between traces was part of a valid split shift
The next day I entered a chart at 08.10 having had a rest period of 8hrs and 35 mins which was fine as I was away from home
What difference does being away from home make??
both a split shift break and a reduced 9 hour break can be taken at home, the only reduced rest that cannot be taken at home is the 24 hour weekly rest period
Thanks for the quick reply and nice to find you agree with me.
Rikki-UK:
An enforcement agency would only check the times between the last trace of the previous working period, and the first trace of the next.
That was exactly my case. When being lectured on the seriousness of the “offence” I pointed out that had I been stopped by the ministry and had NOT entered any lines on the charts I would not have been judged to have commited any offence and would have been merely requested / advised to enter such lines on the charts.
Mr. TM however insists that it is the markings that designate the start and end of a shift, not the trace, and is still insisting that I sign the FTA report as an offence.
Something in black and white and official looking to drop on his desk would be beneficial.
Mr. TM however insists that it is the markings that designate the start and end of a shift, not the trace
Your TM should have a copy of Croners… ask him to show you in Croners, or in any part of the legislation where it says that SDR and EDR need to be used, much less be taken as official start and stop times
If you marked the start & end of a shift in a way which came into contact with the trace that would be an offence.
Any markings on the face of a chart must be off the field of use thus how do they intend you comply with their rules & the law ?.
I have always been taught to put the line & erd / sdr plus time, (as in sdr 2335, edr 0810.)
There is no legal obligation to put these lines on, but many enforcement officers like to see them, also you are suppose to indicate the start & end of your duties / rest periods & as they do not always coincide with the taking over a vehicle & thus the inserting of the chart, a manual record is required.
Interesting post Limey. Also like daxi I got taught
to put the SDR and EDR lines on and Wright start and
finish next to the appropriate lines but not put the time on.
Putting the time on does make it look better though in my opinion.
We always had to use the back of the chart to record rest periods, this would save all the confusion. Still cant see how you can get away with a break of less then 9 hours though?
smcaul:
cant see how you can get away with a break of less then 9 hours though?
You can take an 8 hour rest as long as it’s part of a 12 hour rest in a 24 hr period. It must be made up of no more than 3 separate rests and none must be less than one hour.
