One of our companys vehicles was stopped by Essex Police lately [mainly because of the company name] anyway after a good check all over the unit and trailer they seemed to be a bit despondent they could find nothing wrong so decided to scrutinise the drivers digi card, again everything was in order [we run 100% legal] that is until one eagle eyed officer of the law noticed the driver had been ejecting his card at the end of every shift, the driver was informed it was illegal and promply issued a £50 fine, Should the driver have gone to court or just do as he did and pay it.
Members opinions and advice would be greatly appreciated
So how does any body else move the truck then when he’s not
Working
Sent while from gods know where
It’s not illegal to eject your card at the end of the shift. Either (a) you aren’t getting told the full story, or (b) the copper was clueless. If it’s legit then I’d be appealing the fine, not that I would’ve paid it in the first place.
That sounds like a classic case of good old fashioned ‘Drivercrap’ to me mate. 
Has he also told you he’s allowed to park on bays when the Old Bill comes out armed with a piece of chalk. 
robroy:
That sounds like a classic case of good old fashioned ‘Drivercrap’ to me mate.
Has he also told you he’s allowed to park on bays when the Old Bill comes out armed with a piece of chalk.
+1…
Other old hits include £25 fine for every turn of the leg winder.
Incorrect washer fluid to water percentages.
Last but not least, driving without a Yorkie bar on the dashboard.
Im not a big fan of the plod but I am calling BS on that.
Maybe he was ejecting his card too early. I have known a few sneaky drivers who have come close to driving time so they take the card out for the last few miles.
Smell a rat, how else are you supposed to finish your shift it offer it for download! [emoji90]
Sent from my moto g 5G plus using Tapatalk
yourhavingalarf:
robroy:
That sounds like a classic case of good old fashioned ‘Drivercrap’ to me mate.
Has he also told you he’s allowed to park on bays when the Old Bill comes out armed with a piece of chalk.+1…
Other old hits include £25 fine for every turn of the leg winder.
Incorrect washer fluid to water percentages.
Last but not least, driving without a Yorkie bar on the dashboard.
You’re forgetting the classic …''When I was a tipper driver ’ chestnut, and sitting in the trailer having a crap and the bus load of pensioners/nuns/schoolkids stopped beside the trailer at same time.
Funny the first time, but a bit tedious after the first 100…it has also been claimed on here a couple of timed. 
Its either not a true story…or the driver is an idiot for paying…i would have argued for the plod to check on the rules as he is wrong…if he wasn’t listening, i would have said…see you in court mate.
how does a driver finish his shift with the next day off.or 2 days off, there is no law that states a digi card has to stay in…in fact some countries in Europe frown on leaving it in…so i think its a made up story.
That guy was telling a fib.You take your card out daily.You dont leave your card in an unattended vehicle.I am a tramper i always take it out at the end of shift and put it in the morning.
My thoughts have always been as follows. If you are tramping and doing a night out it’s best to leave the card in as you have proof of an uninterrupted rest period. If you do day work it’s best to take it out at the end of the shift in case someone needs to move the truck overnight. (In my case I have no choice but to take it out as the vehicle I drive is double shifted).
It certainly isn’t illegal to remove it overnight though so the driver is a bit foolish for paying the fine.
robroy:
yourhavingalarf:
robroy:
That sounds like a classic case of good old fashioned ‘Drivercrap’ to me mate.
Has he also told you he’s allowed to park on bays when the Old Bill comes out armed with a piece of chalk.+1…
Other old hits include £25 fine for every turn of the leg winder.
Incorrect washer fluid to water percentages.
Last but not least, driving without a Yorkie bar on the dashboard.
You’re forgetting the classic …''When I was a tipper driver ’ chestnut, and sitting in the trailer having a crap and the bus load of pensioners/nuns/schoolkids stopped beside the trailer at same time.
Funny the first time, but a bit tedious after the first 100…it has also been claimed on here a couple of timed.
I crapped in a tea chest in the back of a furniture van once.(it was an empty tea chest, i didnt ■■■ over the customers bone china)
Makes you wonder, and that was 2 people asking a unbelievably question to something that obviously only has one answer
Harry Monk:
My thoughts have always been as follows. If you are tramping and doing a night out it’s best to leave the card in as you have proof of an uninterrupted rest period.
this is not necessary. Lets say, you are still running on analogue tacho, still recording the same things and working to same regs. You start your shift at 5am, finish at 7:30pm. It’s been a long day so you do not want to wake up early to remove your card by 5am the following morning (it will obviously run over it’s own trace if left in after 5) so you remove it. Unless other work or poa is displayed, dvsa will be satisfied that you were on rest, just the same as if you have ejected your digi card. Whether on analogue or digi I have always ejected card at end of shift and have never had any queries as to daily rest period proof. If dvsa had any reason to suspect different, they would be more than welcome to begin an enquiry, at which they would be required to provide evidence that the driver was not on rest from the point of card being ejected to being reinserted the following day.
WheelsofCardiff:
I am a tramper i always take it out at the end of shift and put it in the morning.
Mine goes in at the start of my first day shift, and stays in until end of my end of week shift.
That’s the way I’ve always done it since digi tachos came out.
TOTAL NONSENSE
robroy:
WheelsofCardiff:
I am a tramper i always take it out at the end of shift and put it in the morning.Mine goes in at the start of my first day shift, and stays in until end of my end of week shift.
That’s the way I’ve always done it since digi tachos came out.
I once forgot and left in on other work.I find it easier 15 minutes end od day other work.15 minutes other work in the morning.Once got a telling off for not putting 15 minutes at end of shift
I can assure everyone of you doubting Thomas’s the story is true I even spoke to the driver and told him to fight it, my company approached the DVSA about it and was told although they take no action against drivers who eject their card it was a grey area and by all accounts the Essex Police are interpreting the law to suit themselves, the driver paid the fine because if it was unpaid by a certain date the fie would double to £100
I wonder what the paperwork says?
What alleged offence has been committed?
All the more reason in similar circumstances, when confronted by PC Plod who you think is incorrect, to request and if necessary insist that he speaks to his Sergeant.
However he should have been doing manual entries to record his overnight and weekly rest periods so this may have been his downfall.
A print out from the company tacho analysis program for the previous 28 days should confirm what entries were recorded and he should be guided by the results of this whether to take matters further.
Since it seems to be impossible to appeal a paid FPN he is left with writing a letter of complaint to the Cheif Constable of Essex Police, stating that PC 123 is incorrect in his interpretation of the law because it is not a practicable proposition to leave the card in the tacho overnight for the various reasons already mentioned. Possibly worth mentioning that his personal circumstances left him feeling intimidated by the potential costs of challenging the FPN which, since he is not a Union member, is why it was paid. Request an answer in writing within 7 days overturning the FPN.