shade:
no problem Chav… i had to wait a month to get a malfunctioning card back from DVLA even though I sent it to them Royal Mail special delivery and they got it at 9am the next day!!!
Month is nothing yet. They kept my licence for 4 months to issue a british counterpart to it, then after returned I had to apply for digital tacho card and yet again they wanted my license (as the four months wasn’t enaugh to make 10 000 copies of it). I had it back after another 2 months and a week 
chevmac:
Smart Mart:
IMHO once ypu have had one issued you have to carry it and unless you surrender it (not lose it) you are still the legal custodian of one and therefore cannot drive professionally at all after the 15 days! If the re-issue of one is a problem beyond your control then I can’t see that you could be prosecuted though!I would be grateful if you could highlight the part that says you can’t drive at all- I appear to have missed that part
By definition if you are only allowed to drive for 15 days without - you can’t drive after the 15 days - doesn’t need to be printed anywhere IMHO! 
shade:
you are still the legal custodian of one and therefore cannot drive professionally at all after the 15 days!
Sorry but incorrect
no digi-card , 15 days of print outs then you cant drive a digi truck till you get it back
You can still drive an analogue truck as normal
How do I know ■■?
HAD THE SAME HAPPEN TO ME OVER XMAS/NEW YEAR DUE TO THE DVLA BEING USELESS INCOMPETANT IDIOTS
Legally I am correct - but as I have said elsewhere, if the fault is with DVLA or VOSA they are hardly likely to prosecute.
Interesting this one.
There seems to be a difference in the LEGAL & LOGICAL.
If a driver has a digicard loses it and then drives on analogue some are saying they cannot drive anything after 15 days but if they do not have a digicard in the first place then the rule does not apply.
So if both drivers are now using analogue then the one who lost the card cannot drive after the 15 day cut off - is that what is being said 
I could see how the 15 day rule might apply to driving after 15 days on a digi but not analogue 
Have I got the jist of this correct
ROG:
Interesting this one.There seems to be a difference in the LEGAL & LOGICAL.
If a driver has a digicard loses it and then drives on analogue some are saying they cannot drive anything after 15 days but if they do not have a digicard in the first place then the rule does not apply.
So if both drivers are now using analogue then the one who lost the card cannot drive after the 15 day cut off - is that what is being said
I could see how the 15 day rule might apply to driving after 15 days on a digi but not analogue
Have I got the jist of this correct
Far as i am aware you can drive analouge ones still, as i had to send mine off because it went all wonky on me, i told my boss and put up on board i had no digi card. You must be still able to drive analogue ones as a record is being made/kept of your driving/working time. So long as you told DVLA it’s lost when VOSA tug you then i dont see any problems. As you have paper charts to show your driving/working etc
May be one of our in-house VOSA chaps comment on this and give an official explanation. 
I’d have thought that if you produce all your charts from the analogue tachos and the letter saying you’ve applied for a new card then you should be alright. But you deffo can’t drive a digi vehicle after the 15 days are up.
ROG:
I could see how the 15 day rule might apply to driving after 15 days on a digi but not analogue
And, definitely, I should be able to drive analog vehicle after 28 days, as I am not required to carry any longer documentation for my driving, so even if I had something on my lost card it’s no longer relevant…
As you told: logic and law don’t go well together.
THE CORRECT PROCEDURE
Report stolen/lost/malfunctioning card within seven days, using this number 0870 8501074, you should obtain a reference number write this down and keep it safe. They will tell you how they want you to proceed with obtaining the new card (they don’t need you to collect at a test centre any more).
For fifteen days (or longer if you need to return to depot) you must make a printout at the start and finish of your shift and sign them.
If after fifteen days your new card hasn’t arrived or isn’t available ring them again quoting your reference number and they’ll most likely grant an extension. If they don’t grant an extension (or if the current extension is not renewed) you cannot drive any vehicle equipped with a tachograph (anologue or digital).
At all stages of communication you must use/quote the ref number, it’s this that the wheeltappers will need when/if you get pulled.
if you’ve benn issued with a digicard you must carry it at all times whether in an analogue/digi vehicle.
Madbaz… can you please tell me where you get the information you quoted about not being able , after the 15 days , to use a vehicle with digital and analogue ■■? This is incorrect.
As I said before in this thread , I have been through this situation recently , and was in contact with DVLA AND VOSA, so as to stay legal and was told I could not drive a digital and therefore would HAVE to use analogue to continue working.
We’ve also had this recently at another branch and fell very foul, and basically we’re now told drive for up to 15 days without card (unless VOSA/DVLA agree, although I can find nothing in the legislation that allows this■■?) then we’re off the road.
The EU legislation
The driver may continue to drive without a driver
card for a maximum period of 15 calendar days
or for a longer period if this is necessary for the
vehicle to return to its premises, provided he can
prove the impossibility of producing or using the
card during this period.
I thinks the important bit is “the driver may continue to drive… for a maximum of fifteen days” It says nothing about what sort of tacho equipped vehicle, and then the rule about carrying your card comes into play.
Shade you may very well be right, hell we both are probably right, and are probably getting differing info from the same govt dept. I’ll find out tomorrow.
The answer;
If the card is lost, stolen, damaged or becomes defective it must be reported to DVLA (if a UK issued card) within 7 calendar days.
You may drive digital equipped vehicles for no more than 15 calendar days doing the two printout thing (one at the start of the shift and one at the end of shift * (see below)) and writing your full name, your driver licence number OR your driver card number on each printout and signing each printout. You may drive for longer than 15 days if it takes more time to return to base AND you can demonstrate the impossibility of getting a replacement card in the meantime. Printouts have to be produced at a roadside check if they were required to be made on the current day or any of the preceding 28 calendar days. They should be returned to the Transport Undertaking within 42 days of their creation (for UK employees)
You may drive analogue vehicles for as many days as you like (providing you obey drivers hours rules) whilst waiting for a digital card to be replaced. Just make sure you use a chart!!
As the DEFINITIVE answer has been given in the post above by geebee45 (Regs GURU) then it seems that LOGICAL does apply
ROG:
There seems to be a difference in the LEGAL & LOGICAL.I could see how the 15 day rule might apply to driving after 15 days on a digi but not analogue
ROG:
As the DEFINITIVE answer has been given in the post above by geebee45 (Regs GURU) then it seems that LOGICAL does applyROG:
There seems to be a difference in the LEGAL & LOGICAL.I could see how the 15 day rule might apply to driving after 15 days on a digi but not analogue
I was right then , I thought you could drive analogue trucks to your hearts content after 15 days if the need arrised!!! I’m just waiting for someone to argue with Geebee45 that they believe he’s wrong… 
If he is then there is clearly no hope for any of us when we get tugged for a tap,no seriously there isn’t 
.
Sorry chaps, and thankyou GeeBee for clearing things up, our fleet manager is going to be shown this thread as is my TM cos someone is feeding us all bs. I apologise for doing the same.
geebee45 wrote:-
You may drive analogue vehicles for as many days as you like (providing you obey drivers hours rules) whilst waiting for a digital card to be replaced. Just make sure you use a chart!!
Is that your intrepretation or is there somewhere in legislation where it tells you?
Is that your intrepretation or is there somewhere in legislation where it tells you?
Trouble with legislation is that the only people that may interpret it are the Judges, in the meantime here is what the legislation actually says;
Council Regulation (EEC) 3821/85 as amended by;
Council Regulation (EC) 2135/98
and
Council Regulation (EC) 561/2006
Article 16.3 third indent is the important bit:
The diver may continue to drive without a driver card for a maximum
period of 15 calendar days or for a longer period if this is necessary for
the vehicle to return to its premises, provided he can prove the impossibility
of producing or using the card during this period.
As the whole of 16.3 refers to driving vehicles fitted with Recording Equipment in compliance with Annex 1B of (EEC) 3821/85 - digital tachos, the paragraph makes no sense if it is related also to vehicles fitted with analogue tachos.
Thanks geebee45 - thats about all I could find as well, and as you say the paragraph makes no sense if it is related also to vehicles fitted with analogue tachos.