Tarmaceater:
If you do go over , don’t worry, it’s only an infringement at your base and sign it , DVSA won’t prosecute over this matter as you are not committing tachograph fraud but if you have to go over 15 , leave the card in , don’t move without your card in .
No his company should of acted on him telling them he was running out of hours & either pulled him out or got someone else to tip the load , as the magistrate said when I was in court , your company has a duty of care to you , you have informed them of the situation via calls / txts & they have not acted on those requests for help , that is not acceptable , you should not of been left in this situation
His company assuming he has informed them of the situation have failed in there duty of care to him , he should never have been in this situation
His planners or boss,s job is not just to dish out work but sort problems as they arise , they’ve had hours to sort the situation out but done sfa it seems
Nb when I had my disciplinary the manager bloke claimed it was all down to me , but the complience officer / hr tore him one as I guess they’d seen a transcript of what was said in court , & they repeated the judges words , we had a duty of care to our employee & you & your planners failed miserably , he shouldn’t of took his card out but he should never of been put in that situation in the first place , when he rang / txts your team should of acted , not ignored the situation , and the same applies here I hope this driver has not just rang but txted , as it’s good evidence , judge read my 5/6 txts & was shaking his head , asked me why there was no reply to these requests or phone call , not happy
As I say this driver should never of been in this situation in the first place