One of our drivers was ‘pulled’ into Switch Island this week & fined £520 for 3 tacho offences.
2 counts of exceding 6hrs (our tippers only work within 60-70 miles) £200 each.
Now, only taking 29mins break, 1 minute short on a 30 min break!!! How can a copper at the side of the road discern the difference on a piece of paper between 29 & 30mins■■? £120.
The dozy bar steward took the fine (to be paid later) rather than going to court to ‘argue the toss’, £520 is quite a bit more than his weeks take home pay. I’d have to take it to court because I can’t see any way that a court would impost those levels of penalty, no wonder nobody wants to come into this industry!!! He hadn’t had 7hrs daily rest or driven 5 1/2 hrs without a break so why £520 for 3minor offences■■?
Harry Monk:
My guess is that he failed the “attitude test”.
Bloody good job it wasn’t me, I’m Mr Reasonable right up to the point MrPlod starts to write out the ticket, then I become the most obstructive awkward individual most officials have ever met!! I wouldn’t have taken anything from him, I’d have taken that to court.
I’m with Harry Monk here. Those infringements would usually just get you a word of warning from the Police. He has failed the attitude test big time I reckon.
Harry Monk:
My guess is that he failed the “attitude test”.
Bloody good job it wasn’t me, I’m Mr Reasonable right up to the point MrPlod starts to write out the ticket, then I become the most obstructive awkward individual most officials have ever met!! I wouldn’t have taken anything from him, I’d have taken that to court.
Your friend does still have the option to go to court, if I remember correctly you have 14 days to decide to dispute a roadside ticket.
Harry Monk:
Your friend does still have the option to go to court, if I remember correctly you have 14 days to decide to dispute a roadside ticket.
He doesn’t, the copper took the 3 discs and told him “you’ll get these back in about 2 months”!! That’s another thing that mystifies me, how can he take them?? Obviously he’s got the fine paperwork with the dates of the discs but I thought he’d have got them all back?
The Police can confiscate tachograph charts, although they have to give the driver a receipt for them.
There is no motoring offence in the Statute Book that a driver cannot defend, should he choose to and you… Ahem, I mean “your friend” just needs to read the information on the rear of the ticket.
Harry Monk:
Ahem, I mean “your friend” just needs to read the information on the rear of the ticket.
Haha, love it But it is actually one of our drivers, had it been me there’s no way on this earth I’d have taken the fine, I might had it been £60 or £70 per offence but the level of punishment MUST fit the crime & £520 for three VERY minor offences is way beyond anything reasonable. I’d have invited the copper to “kiss my ringpiece”!!!
What was the ‘reason’ this Copper pulled your Mate? Did he ‘do’ something to attract his attention?
Did his Company offer to help in someway?
How can someone be expected to pay a big fine in one go, there’s a naffing recension.
Harry Monk:
My guess is that he failed the “attitude test”.
He also failed the “take 31 minute instead on 30” test.
To account for the tacho lag
Yes, I know many firms now instruct their drivers to add three minutes to any break to ensure they have taken sufficient time out. My own truck flashes up a message on the dashboard saying “45 mins OK” when you are good to go.
However, unless there has been a severe shift in policy, VOSA would normally simply advise a driver to add a few minutes to a break, rather than issuing a fine, especially as they are as aware as anybody else of the foibles of a digital tachograph.
Wheel Nut:
If any of this true, it will make all the transport press & media magazines across Europe as it must be the first recorded prosecution for the RTD WTD
yeah, i thought the police and vosa weren’t interested in the wtd
tell him to take it to court, i’ll pm you his defense.
i have a defense for every tachograph offence apart from fraud.
it comes from case law. and it’s a classic.