Wiretwister:
Does the 7.5 tonner have a bunk?
yep .
You said he was one of your drivers
Apologies jyst re read it and seen the self employed bit
If this is true can you imagine the conversation with the VOSA person, “Oh by the way I do another job as well as this one, but I don’t bother to carry the records with me so you can’t check them” 
The VOSA guy must have thought Christmas had come early this year 
I think it is true. An awful lot of people are quick to humiliate new drivers or deliberately give unsound advice. These are always the ones that fold the minute somebody in a clean hi-viz asks them a question. They somehow think that offering more than a concise answer to anything they’re asked somehow ingratiates them with the person asking the question. I think this topic deserves a thread of it’s own, so I’m going to start one.
VOSA could not park him for not taking a break/weekly rest period or anything else unless they had evidence to prove that the law had been broken?
A fax or scan emailed to VOSA would have proved innocence to the charge of inadequate rest. The driver could have been charged with failing to carry records, because that could be proven, but that’s all they could do until there was evidence that a law had been broken and for that they need tachos, digi card, log books or other evidence such as ANPR data, gatehouse logs, ferry bookings etc.
Unless VOSA are now above the law…
newmercman:
VOSA could not park him for not taking a break/weekly rest period or anything else unless they had evidence to prove that the law had been broken.
For failing to produce records up to the record immediate preceding the last weekly rest period, VOSA can issue a TE 160DH which is an immediate prohibition order.
So the story is certainly viable, it’s just a bit daft that anyone would tell a VOSA examiner about the second job when he had no reason to mention it, but I suppose there are people who would panic and drop themselves in the [zb].
But if the company could produce records to the contrary then surely once proof of innocence had been established then only a charge of failing to provide records could be made.
Can they park a lorry for that?
I think it is true as while serving in the reserves in the Raf the trianing was friday night to sunday night and then go to work monday driving the truck and years ago it was ok but now it is not allowed as you have not had a legal break and would have to start driving after a weekly rest period.
If i was stopped they would check my national insurance number which will reveal my pay and hours worked with the RAF.And the tacho would have to be on other work mode for the trsining weekends and do a manual entry on when you started driving.
Hopefully the VOSA examiner would lift the prohibition if the records were produced, but whether or not the offence of not producing records on request would be forgotten I suppose depends on how much common sense was displayed by the VOSA examiner.
tachograph:
newmercman:
VOSA could not park him for not taking a break/weekly rest period or anything else unless they had evidence to prove that the law had been broken.For failing to produce records up to the record immediate preceding the last weekly rest period, VOSA can issue a TE 160DH which is an immediate prohibition order.
So the story is certainly viable, it’s just a bit daft that anyone would tell a VOSA examiner about the second job when he had no reason to mention it, but I suppose there are people who would panic and drop themselves in the [zb].
I know a self employed driver that is also a farmer, he was collecting a load of staw last year when he was taken into the vosa checkpoint on the a 17 at sleaford, as he had no other records to prove what he had been doing on the days that he had not being driving he was parked up, he then had to get previous work details faxed through to vosa before he was allowed to carry on with the load.
I dont know if he made any mention of the other work he does or not, but i would say he must have done, as he is self employed and runs his own farm and (may or may not) have worked many more hours than are allowed in the days prior to being stopped.
The fact is the records only need to show what vosa want to see! and by that i mean when your on that kind of work how do they prove what he had been doing anyway? he wont be clocking on and off on his own farm and weighbridge tickets with times on wont exist, also in and out gate times wont be an issue either!
he could have unloaded 20 loads off the card who would ever know? he would just say his brother had done it!
in many cases self employed drivers that do other work and dont drive every day can make the other work record show what ever they want!
as long as you have records that show some other work/rest for the days not driven you will be ok, the farce is the records can have no truth whatsoever and still be ok !!!
I will add i know this is against the law but the law is unenforceable anyway in this area for many part time drvers!
tachograph:
Hopefully the VOSA examiner would lift the prohibition if the records were produced, but whether or not the offence of not producing records on request would be forgotten I suppose depends on how much common sense was displayed by the VOSA examiner.
I would think that the prohibition would be lifted, but the driver would/should be nicked for failing to produce records.
Well I believe you mate. Makes sense if you think about it, he shouldn’t have told them he did other work off the tacho.
Quiet word would have been nice but there good & jobsworths in all.
Always remember folks, they’re there to justify their own jobs, not to act sensibly or do what any normal person would do. In the last ten years the authorities have gone completely over the top with regards to motor vehicle policing of all kinds, resulting in there not being much for them to do any more. Obviously they want to keep their jobs, so they are nit-picking, blowing every problem they find out of proportion and creating problems where there are none.
Again, yet another case of drivers not knowing when to keep their pie’ole shut. I remember one time when I got stopped by them they asked to see my cards and I only had about 5 to show them. He asked for the rest but told him I didn’t have any. “Well what have you been doing for the past 3 weeks then? Where’s your proof?”. Told him that I’d been on holiday and not working. Again he asked if I could prove it but he decided to give up the interrogation when I asked if he wanted to see proof of airline ticket and passport stamps. Truth of the matter was that I’d been driving a shunter for 6 nights immediately prior to the 5 days of cards but what they don’t know they can’t do you for.
I’m afraid I’ll openly admit to being a two-faced [zb] when it comes to anyone in a position of authority. Be nice as pie to them and answer all their questions so they can’t stick anything on you, then call the [zb]s every name under sun once out of earshot. Power-tripping [zb] [zb] [zb]s the lot of them. 
Another classic case of a driver getting a story ■■■■ up!
Could be true we had a letter from our agency warning us to carry our digi cards with us even when driving non tacho vehicles as one of our drivers got fined 220 quid by vosa for NOT having it with him whilst driving a transit he was also prohibited untill proof of work since last 45 hour break could be furnished .ended up agency sending another driver to continue the job .
As a ps same letter told of a driver being fined 60 quid for smoking in his truck as was full of ciggerette smoke when pulled by vosa make of that what you will .
If you have a digi.card you must have it with you whilst driving also if you have a DCPC you must carry that as well.Smoking is not allowed in the work place and that would include the driving seat.We are being made to pay for the bankers irresponsibility one way or another.
toby1234abc:
I think it is true as while serving in the reserves in the Raf the trianing was friday night to sunday night and then go to work monday driving the truck and years ago it was ok but now it is not allowed as you have not had a legal break and would have to start driving after a weekly rest period.
If i was stopped they would check my national insurance number which will reveal my pay and hours worked with the RAF.And the tacho would have to be on other work mode for the trsining weekends and do a manual entry on when you started driving.
See this
roadsafe.com/news/article.aspx?article=886
Exemptions of one form or another for reservists have been in force in a long time contrary to popular belief as well as exemptions for all drivers hours regs for service personnel and others employed by the armed forces.
HTH