Digital Tacho law

Need some information if anyone can advise.
I know that you have to provide records for 28 previous days and am aware that you can be prosecuted for any infringements. My question is can you be prosecuted for any infringements prior to the 28 days as card holds information for 365 days. Many thanks

Yes you can …
Thats how drivers get done for over hours etc.
Tachos are kept when you hand them in not just checked and binned so vosa can and have prosicuted on infringments.

harry james:
Need some information if anyone can advise.
I know that you have to provide records for 28 previous days and am aware that you can be prosecuted for any infringements. My question is can you be prosecuted for any infringements prior to the 28 days as card holds information for 365 days. Many thanks

Yes you can be prosecuted for offences over 28 days, just like any other crime.
keep a diary, if you’ve worked outside of the regs, for whatever reason. make an entry in your diary. you’ve then made a written record, which explains your reason for whatever you may have done. It always works for me.

Is it still a year after the offence they can do you on, or did they change it, thought i read something about 2 years after, or is that just the length of time to keep the records?

There is a requirement for the company to retain tachograph records for a rolling 12 months. So you can be prosecuted for any infringements in the previous rolling 12 month period.

Technically if the information exists, you can be prosecuted up to 6 years where Statute of Limitations then kicks in.

Conor:
There is a requirement for the company to retain tachograph records for a rolling 12 months. So you can be prosecuted for any infringements in the previous rolling 12 month period.

If they are using the tachograph records to also monitor the WTD the retention period is 2 years from the end of the reference period, which could result in having to keep records for 2.5 years for companies operating a 26 week retention period. A good reason not to use the tacho for the WTD if you ask me. :wink:

I seem to remember that VOSA/police said something about a 6 months limit on prosecutions - perhaps that just referred to speeding ones…

This what you meant ROG?

geebee45 on a previous thread:
To clear a few points up;

Statute Barred for hours offences is 6 months. However, a pattern of offences that is older than that could be drawn to the attention of the TC, especially if they are reoccurring. Hence, one of the reasons charts / records have to be kept for 12 months.
False records; stat bar is two years.

Coffeeholic:
This what you meant ROG?

geebee45 on a previous thread:
To clear a few points up;

Statute Barred for hours offences is 6 months. However, a pattern of offences that is older than that could be drawn to the attention of the TC, especially if they are reoccurring. Hence, one of the reasons charts / records have to be kept for 12 months.
False records; stat bar is two years.

Yes, that was it…