Love the feedback you guys give, it is of a much better quality than one tends to get in a drivers room in a RDC where everyone is an ‘expert’ …
So, here we go with another question for youz all …
Scenario … you get stopped by VOSA … everything is squeaky clean, BUT the week before you went over your hours at some point … can VOSA take action on the infringement for the week before, or only any infringements on the shift you have been stopped ■■?
I keep hearing they can’t, but soon they will be able to … thanks in advance for your replies (especially the sensible ones, lol)
The DVSA can go back as far as they like - If its on your card - they can fine you if its not been picked up before. I know its only supposed to be 28 days back but hey good luck with that one
m4rky:
The DVSA can go back as far as they like - If its on your card - they can fine you if its not been picked up before. I know its only supposed to be 28 days back but hey good luck with that one
They would probably just give you a verbal warning for it though, as anything over a day old would have to go through the court system meaning DVSA wouldn’t get the fine money, unlike they do with a fixed penalty notice, which is probably the reason they want it changing to cover the full 28 days.
Yes, they can “take action”, but this “action” cannot (currently - due to change soon) include a fixed penalty ticket. Instead they would have to report you for process by summons/court appearance. I daresay the chances of them doing this for a one-off infringement are as close to zero as makes no difference.
They can, although- in my experience anyway- they do understand that the occasional infringement is inevitable and they are really far more interested in those who kick the arse out of it, rather than those who occasionally run slightly over hours because of some unavoidable delay or operational difficulty.
Most important part of a DVSA control happens in the first 30 seconds- the “attitude test”.
They cannot issue a fixed penalty for a historic offence.
For most offences their own guidance says that for previous offences there needs to be 4 or more that would have been £100 or £200 fines or 1 that would have been £300.
People are correct to say they ‘could’ take action but their own policies say they wouldn’t.
I remember something about them not been able to do you for speeding on past cards, that was on the old techagraph cards, I got stopped a long time ago with a few cards for this in Europe and yer man was going mad cause he could do nothing about it, don’t know if that still stands now
Today I went 27 minutes over 4.5 driving. Ran out of time stopping and starting in slow traffic, took an hour and six minutes to travel 5 km. reason was security checks at the Belgium/Dutch border, so pulled onto the hard shoulder with other drivers to take half an hour. 26 minutes later police arrive to move us on. I Asked him if I could have a another 4 minutes. He said no but you can have a ticket if you want.
Simple answer is yes they can,and if they decide to pay your base a spot check because you or another driver has been “red flagged” for one reason or another they can look at all the data stored either on a computer or tacho disc by your office
I guess there’s a reason why VOSA make your company keep your charts for years and they can walk into any transport firm and demand access to them,if they suspect a company is running bent they can demand the records and prosecute at their pleasure. It used to be the case that analogue tachos were destroyed after 5 years? It maybe the case that the company is fined but any driver that is a repeat offender will see the traffic commissioner to explain.
peter s:
Today I went 27 minutes over 4.5 driving. Ran out of time stopping and starting in slow traffic, took an hour and six minutes to travel 5 km. reason was security checks at the Belgium/Dutch border, so pulled onto the hard shoulder with other drivers to take half an hour. 26 minutes later police arrive to move us on. I Asked him if I could have a another 4 minutes. He said no but you can have a ticket if you want.
Pro tip: You should’ve just spent 4 minutes “building your air up”.
nightline:
I remember something about them not been able to do you for speeding on past cards, that was on the old techagraph cards, I got stopped a long time ago with a few cards for this in Europe and yer man was going mad cause he could do nothing about it, don’t know if that still stands now
nightline:
I remember something about them not been able to do you for speeding on past cards, that was on the old techagraph cards, I got stopped a long time ago with a few cards for this in Europe and yer man was going mad cause he could do nothing about it, don’t know if that still stands now
For speeding they can only go back 2hours iirc.
VOSA/DVSA cannot do anything about speeding offences. Police (in UK at least, no idea what the situation is elsewhere in Euroland) cannot do anything about speeding offences shown on tachograph records.
nightline:
I remember something about them not been able to do you for speeding on past cards, that was on the old techagraph cards, I got stopped a long time ago with a few cards for this in Europe and yer man was going mad cause he could do nothing about it, don’t know if that still stands now
For speeding they can only go back 2hours iirc.
VOSA/DVSA cannot do anything about speeding offences. Police (in UK at least, no idea what the situation is elsewhere in Euroland) cannot do anything about speeding offences shown on tachograph records.
Not at the roadside, but if your involved in a Serious/Fatal collision the speed data will be examined, and the Tacho will have a Forensic Recalibration to obtain true data.
As others have stated DVSA are looking to change internal policy about the 28 day rule at the roadside.
