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UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
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Yesterday at work i was given a tacho infringement for driving 4h31m before taking a break!!!(analogue)

By your company or by VOSA :question:

Either way - I would not worry about it - I would liken it to a cop pulling you over and telling you that you were doing 32 in a 30 zone - no action - just a reminder - WE ARE ALL HUMAN.
IMO - any company that tried to use this against you in the future in any shape or form would be laughed at.

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chris:
Yesterday at work i was given a tacho infringement for driving 4h31m before taking a break!!!(analogue)

Q1- I think i am entitled to this! what do you think?

Q2- If the scanner turns out to be uncalibrated, is the infringement void?

The Scanner is normally operated by the 17 year old girl with the massive whammers who sits in the corner, so you should only worry about that :wink:

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chris:
By the company… ROG

If we get an infringement (i’ve not had one yet in 2yrs) they knock us on our pay, so it’s quite important i find out the answer.
after all 1m over is a bit tight! no lee-way at all

Very pedantic IMO

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They knock you on your pay?
I wouldn’t put up with that.
Why not get another job?

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Set a timer to alert you at 4 hours mins that gives you 30 minutes to find a place to park.

And when you take a 45 minute break set the timer for 48 minutes you wont get caught out by the odd minute.

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chris:
Yesterday at work i was given a tacho infringement for driving 4h31m before taking a break!!!(analogue)

So i challenged this, as to the procedure that the charts are assessed;

-My company use their own tacho scanner to scan charts and these are downloaded to the FTA for analysis.

So because it is only one minute over, I have asked for the calibration certificate for the “tacho scanner”
Also i have asked for all the training records, for the person who analysed the charts at the FTA

Q1- I think i am entitled to this! what do you think?

Q2- If the scanner turns out to be uncalibrated, is the infringement void?

Regulation (EEC) No 3821/85 Anex 1 allows for a time tolerance of plus or minus 2 minutes in 24 hours on the tachograph.

To penalise someone for one minute seems far too harsh, especially as the analysis software is likely to have some degree of inaccuracy.

If the company is going to stop wages as an incentive for drivers to stick to the regulations they should at least allow for some degree of tolerance, especially for a first infringement.

In my opinion you should get together with the other drivers and management and agree on a tolerance at least for occasional infringements, or better still get the system of monetary penalties scrapped, but that’s just my opinion so …