Just got a letter from my agency today, dated 10 June 2004
we are being pressed by bot clients and the ministry of transport for the return of tachographs relating to work done on the following dates,
see attached note for details (31.01.04)
it is upto you to return all tachographs to us at … within 10 days maximum from the date you worked, to allow us to return them to the client within the allotted 21 days as is the legal rwquirement.
Failure to produce the tachograph is the sole responsibility of the driver and you personally, can be fined upto £2000 if in breach of these regulations.
Ive had a look at my records & I have not worked that day. I had started working for them on the 20/1 & only worked a few days before 31/1. I have also looked at my wages & I havent even been paid for this work.
What Id like to know is
1 why it has taken 6 months for them to realise is was missing
2 why they didnt ask me on the telephone about it (I talked to them twice on friday & not a dickybird of a mention.)
3 why they think it is me when they havent paid me for this work.
that sounds like good news! if the ministry are going to start taking an interest in agencies and check the records they hold against the operators records.
I would have thought it is still the drivers responsibility to hand the cards to the vehicle operator, not the agency.
If you didnt work those days you will have nothing to worry about. If the agency dont know who worked for them then maybe the ministry are taking an interest for a reason.
Im not worried, it just really annoys me that they couldnt phone and ask me iff I had it
every company has a 6month or a yearly check on all things to do with there drivers.ie tacho’s licences and adr certificates.
this has probably shown up as missing charts for said period.
if you did not work for them on said date then you ain’t got nothing to worry about,provided that you can prove that you had not worked for them.
you should call the agency up 1st thing monday and ask them what they are playing at,and also take a note of the person’s name that you speak to and the time and date just incase there’s any fall back. 
i know what you mean but I think putting it in writing is just to show, should there be any come back, that they have done there bit. Easy to show a copy of a letter that has been sent out, harder to prove a phone call.
Hi All,
I too have had a letter from my agency asking for tacho cards for two days in May. I was working for the same client on both of the days of the missing cards. I know I handed the card for the first day to the client at the end of the second week ie. 5 days later. The second (apparently) missing card I handed to my agency, as I had done no work or been near the clients premises for 2 weeks, with a request for them to forward to the client. I know that I have handed the cards in so my question is…If a company says that you have not handed in your tachos how do you prove it, I have never heard of anyone mention getting a signature for tacho’s handed in.
Just curious
regards
Westie
no that is true.no sig is received,but the company you worked for should have a photocopy of your tacho’s for there records,i know our’s does this.
we are still liable if there ain’t no proof we are in the brown stuff.
so have a word with the said company they might be able to help both of you’s
You could make out a list of the tachos on a piece of paper, dates, clients name etc. and get them to sign for it, and print their name so you can read it, when you do hand them in. That would cover you when they come back a few weeks later and ask for discs you produce the bit of paper and say “I gave them to John Doe on the ??rd.”
From what I remember it is still your duty to provide charts for the days you don’t work. Just send charts with no duty written on them for the relative dates.
It is much the same rule here but we have to provind logs with days off duty shown.
bit hard to do when agency drivers don’t have tacho’s.they only get them when they arrive at the company that they are working for.
Hi All,
Yes coffee, that would be the answer but with my agency I never see the staff. My only contact is by phone because there is no one available by the time I usually get finished. At the weekend I put my time sheets through the letter box. If I have any tacho’s belonging to a client who I am not likely to be seeing for a while I put my tacho, through the letterbox as well. I realise that it is my responsibility to hand them in but what of company drivers, they hand thier tacho,s in what happens if the company misplaces them. I have worked for some clients who photo copy the tacho,s so if they get misplaced they have a copy. Last week I did two days with a client and didnt finish until 2230 - 2330 at night and my paperwork went through the letterbox so couldnt get a copy of tacho,s. When on agency work you still have the problem of getting the tacho chart for the last day of the previous week to the client (which you may not have worked for again) and that client could be an hours drive away.
One of the problems of being agency driver I suppose
Regards
Westie
Right
As a driver its your responsability to hand in your Weeks Tacho’s to the 1st employer you worked for so if you work for 2 or more employers you must hand all your tacho’s to the employer you 1st worked for
eg
On Monday you worked for Bill Blogs
On Tuesday/Wed you worked for Mr Smith
Thurs/Friday you worked for Mr Brown
barring in mind you must keep fridays chart for the following week you must them give all your charts to Bill Blogs! If Mr Smith & Mr Brown wants the charts he must copy them but you as a driver must only give your completed charts to Bill Blogs.
Daft I know but thats the rules! 
Hi All,
Thanks for the info Critic. Seems daft as you say. Probably another good reason to get a permanent job and ditch the Agencies, it would, at least, make that part of the rules easier LOL.
Regards
Westie
Manger. " What the zb’s this ?"
Bus Driver. “It’s my over time claim form will you sign it please ?”
Manager. " Its for 2 months ago ?"
Bus Driver “Yeah.”
Manager. " I’m not signing this unless you can prove you worked it."
Bus Driver " Here’s a G79, ( Disiplinary note) for the date."
Manager. " That does’t prove you were on over time"
Bus Driver " No but if you chewck your records you will see I was on holiday at the time, but I’m accepting responsability for the G79 so I must have been on over time."
This is a good reason for keeping records.
I would not know if I had worked for the company 6 months ago , or not, without keeping records of timesheets & wageslips. But this is the only records I have. Hopefully its still innocent till proven guilty in ths country (europe is trying to change that though). They cant say I worked for them when they didnt pay me for it can they?