Dodgy day

[madbaz]

I had a job in a brand spanking (hired) Axor 26 tonner today (had delivery mileage103Kms), brilliant it was, just like entering the starship Enterprise.

However

No ‘O’ license on display, but I believe as its a hire truck its covered.

No ministry plate, only noticed halfway thru shift

DigiTacho, was faulty, it wouldn’t enter POA mode and defaulted to rest from other work when ign switched off, I managed to get 2:40 rest in a 5:30 shift and no other work!!!

I then later discovered I’d been carrying Aerosols, which were covered by LQs, but there were no markings (UN numbers) on outer packaging. This was discovered by the hauliers warehouse staff as the pallets in question were refused as damaged by the customer.

I told the TM at the haulier about the above, but his reply was, no ministry plate required as it doesn’t need a MOT, New Digitacho’s are set that way, and I haven’t to worry about the ADR stuff, “it happens all the time.”

Oh and there’s no apparent system in place for defect reporting, or daily checks!

I understand its required for my digicard to be downloaded by the haulier (i’m on agency) as I might never go there again, but they didn’t want to download it.

I was wanting clarification by more knowledgeable peeps, if you’d be so kind.
I’m going back tomorrow and depending on your answers I might be having a very short shift, but still get paid for the 8.

[dieseldave]

MADBAZ:
I then later discovered I’d been carrying Aerosols, which were covered by LQs, but there were no markings (UN numbers) on outer packaging. This was discovered by the hauliers warehouse staff as the pallets in question were refused as damaged by the customer.

Hi MADBAZ, That’s an interesting question.

You were probably carrying UN 1950 Aerosols, but without knowing what was in them, it’s not easy to give you an exact answer, so I’ll stick to what IS the case from the info you’ve given.

Generally, aerosols may be carried as Limited Quantities in any amount per vehicle PROVIDED THAT they are packaged and labelled correctly, AND…

The LQ receptacle size for aerosols is EITHER 120ml OR 1ltr depending on what ‘stuff’ is in the aerosol.
The other conditions are that there’s an overall max package size of 30kg per box, plus the boxes must have a white ‘diamond’ label of 100 x 100mm size with “UN1950” written in the middle.
To see what a typical LQ package looks like, please read my answer to Mr Flibble about half way down THIS POST.

However, you can rest easy, because you weren’t informed that you were carrying dangerous goods. This is the responsibility of the vehicle operator after receiving the transport order from the consignor. The consignor is responsible for the correct packaging and labelling of the consignment, even if they do this on behalf of a third party.

MADBAZ:
I told the TM at the haulier about the above, but his reply was, … and I haven’t to worry about the ADR stuff, “it happens all the time.”

This is a strange one, because actually the TM was spot-on about you not having to worry IN THIS CASE, but I fail to understand his logic in saying “it happens all the time”
I wonder whether that was an attempt at trying to justify a managerial shortcoming?

As what ADR calls “the carrier,” it IS the TM’s responsibility under the dangerous goods Regs to know what’s being loaded on your truck AND whether you’re qualified to carry it.

I can’t see a reason to refuse a shift from an ADR point of view at this time.

[madbaz]

Thanks DD, I understand a little of the LQ exemption from a previous post and I know I would be in the clear. What was missing from the cartons was the labels, they were 500ml shaving foam aerosols. I believe the TM was referring to the consignor not always informing them of whats on the pallet. I will say it did cause a storm in a teacup when the error was noticed.

With the other little ‘irregularities’ I mention, and the shrug of shoulder response, it does possibly point to “managerial shortcomings” on the transport side.

[geebee45]

MADBAZ said;(answers in red)

No ‘O’ license on display, but I believe as its a hire truck its covered. Provided the Operator has a ‘margin’ on their licence (number of vehicles in possession is less than the number authorised) then there is no problem, provided they have not had the vehicle for more than a calendar month. Once they get to the one month, the vehicle must be specified on the licence, even if it is a hire motor.

No ministry plate, only noticed halfway thru shift Not a problem provided vehicle is less than one month old. After this time it will be a 21 day ‘fix it ticket’ for the Operator. If they don’t they will get prosecuted

DigiTacho, was faulty, it wouldn’t enter POA mode and defaulted to rest from other work when ign switched off, I managed to get 2:40 rest in a 5:30 shift and no other work!!! Welcome to the brave new world of ‘new software’ digital tachos. They do all the other stuff like they have since they became legal in August 2004. However, on units manufactured after September 2007 they will revert to ‘rest’ if the ignition is turned off. You have a few seconds to change the mode to ‘work’ or ‘availability,’ then the display goes blank It was one of those things that you wished that had never happened, apparently done to keep our friends who lost at Waterloo If the tacho will not select ‘availability’ with the ignition on and the vehicle stationary it should be reported as faulty and booked into a tacho centre.

There MUST be a defect reporting system, although it doesn’t have to be written. However, verbal systems are frowned upon by both VOSA and Traffic Commissioners.

Don’t worry if the Operator decided not to download your card, it’s their problem if they cannot produce the download files when requested by Police / VOSA.

[madbaz]

Thankyou Geebee,
for clarifying the issues raised, looks like I’ll be putting in a full shift tomorrow , the POA thing is probably cos the IGN was off. What a bloody farce with the new software .

Thanks again.

[krankee]

geebee45:
Don’t worry if the Operator decided not to download your card, it’s their problem if they cannot produce the download files when requested by Police / VOSA

I’ve come across a similar situation, which I am totally unconcerned about. I offer my card for download. “It isn’t working.” “I don’t know how to do it.” “I haven’t been trained on it.”

In the meantime. it gets downloaded elsewhere.

Not my problem.

[lee_g]

i have a question about that.

when companies download your card can they delete data off your ‘file’ if it isnt relevant for that company?

i have done numerous jobs on the digi for about 4 or 5 different companies but only one has ever downloaded it from my card. will the data from all the other jobs be downloaded with it or can they pick and choose what days/registrations they keep?

where do i stand if the companies dont download it? is it me in the firing line if they get the heavy vosa knock on the door or the company? can they pick/download my data off the head unit?

[geebee45]

Information stored on a driver card can only be downloaded in total, unlike the Vehicle Unit where info can be downloaded on a ‘daily’ basis.

You cannot delete days that aren’t of interest from the raw data file, if you do, the digital signature is destroyed. When VOSA / Police check company records they will firstly check digital signatures to ensure authenticity of data. If the signature is not complete then the chances are the Operator will be prosecuted for ‘failing to produce.’ The legislation is very specific in terms of format of data files that have to be stored and produced.

Analysis software used by Operator may be able to select days to analyse, but that has no bearing on the raw data file.

Whilst you must allow Operators to fownload your driver card, it isn’t your problem if they don’t. VOSA can require you to produce your card for downloading. They can also download the VU and get info that way, but the law requires Operators to download and keep data from both VU and cards.

We don’t have a ‘heavy door knock’ we always ask politely if we can come in, usually enough