Hello people i come seeking advice, i normally drive a sprinter at work but the other day the boss asked me to drive the 7.5tonner not having a digi tacho card i promptly refused alas whilst i’ve never had blue eyes i’m now on the sole of the bosses shoe, i’m pretty sure i done the right thing refusing but what is the punishment for driving without a tacho card?
Thanks for your help.
you did the right thing in refusing but if you want to drive one then apply for a digi card.
the fines pretty big i think not sure though, one of the legal boys will be in soon to tell you.
. 
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nodigicard:
i come seeking advice, i normally drive a sprinter at work but the other day the boss asked me to drive the 7.5tonner not having a digi tacho card i promptly refused alas whilst i’ve never had blue eyes i’m now on the sole of the bosses shoe, i’m pretty sure i done the right thing refusing but what is the punishment for driving without a tacho card?
I’ll do some research and edit this post with the answer
ANSWER = NO you cannot drive it so you did the right thing.
I can’t find the penalty for using a digital tachograph without a driver card but the penalty for failing to produce the card on request is £200, I imagine you would almost certainly also be parked up for at least nine hours unless you could prove that you’d had the correct daily rest.
You was correct to refuse to drive the vehicle 
Thanks to all for taking the time to reply, think i might apply for a digi card cos my boss is being a right arse and the card will hopefully open doors to
a new employer.
Once again thank you all.
Ask your boss to pay for it,explain that it’s for his benefit,you never know.£19 I think.
YOUR boss is an arse for asking you too do it , once again another clueless employer asking others too do things they know nothing about legally
Deathstar:
Ask your boss to pay for it,explain that it’s for his benefit,you never know.£19 I think.
Hi Deathstar, my initial digi-card cost me £38 and got me wondering how much of my £38 went into the ‘stealth-tax’ coffers. 
AFAIK, the rest of the fees are:
- Card renewal £19
- Replace a lost/stolen card £19
nodigicard:
Thanks to all for taking the time to reply, think i might apply for a digi card cos my boss is being a right arse and the card will hopefully open doors to
a new employer.
Once again thank you all.
Hi nodigicard, 
I can’t help but agree with topmixer11’s comment above, which has saved me some typing. 
I’d add that the employer actually tried to order you to commit an offence for which you’d have some responsibility.
There’s also a potential driving licence issue with C1 (7.5t) vehicles, because there are many who wrongly think that they’re entitled to drive them using a B (car) licence, but that entitlement depends on when the person passed their car driving test.
(No driving licence = no insurance, so that’s even worse. It pays to check. )
Good luck in your new job mate.
Out of interest what sort of fines/issues could a an employer face by asking staff to commit these offences? Where i am now i’m constantly getting asked to do this do that and i’m the one who says if can do it or not, luckily my gaff relies on what i say but i know some other lads would just do it.
tachograph:
I can’t find the penalty for using a digital tachograph without a driver card but the penalty for failing to produce the card on request is £200, I imagine you would almost certainly also be parked up for at least nine hours unless you could prove that you’d had the correct daily rest.
Try “failing to keep records” as a starter
Wheel Nut:
tachograph:
I can’t find the penalty for using a digital tachograph without a driver card but the penalty for failing to produce the card on request is £200, I imagine you would almost certainly also be parked up for at least nine hours unless you could prove that you’d had the correct daily rest.Try “failing to keep records” as a starter
Not too sure about that one, because someone drove without a card doesn’t mean they didn’t do printouts at the start and end of the shift for the days vehicle activities, and make manual entries on the back
tachograph:
Wheel Nut:
tachograph:
I can’t find the penalty for using a digital tachograph without a driver card but the penalty for failing to produce the card on request is £200, I imagine you would almost certainly also be parked up for at least nine hours unless you could prove that you’d had the correct daily rest.Try “failing to keep records” as a starter
Not too sure about that one, because someone drove without a card doesn’t mean they didn’t do printouts at the start and end of the shift for the days vehicle activities, and make manual entries on the back
When I typed this, I meant because the “driver” has never had a card, granted it is different if your card is damaged, stolen or lost.
The VU will have a record. Is that enough?
Well as we know it’s illegal to use a vehicle fitted with a digital tachograph if you don’t have a driver card, but I’m not so sure you would get done for failing to keep records if you took printouts of the vehicles activities as you would when the card is faulty ec’t.
I mean you would have a record of the days activities but not the required type of record ie: on the driver card.
Either way you’d get done for using the vehicle whilst not having a driver card though.
tachograph:
Well as we know it’s illegal to use a vehicle fitted with a digital tachograph if you don’t have a driver card, but I’m not so sure you would get done for failing to keep records if you took printouts of the vehicles activities as you would when the card is faulty ec’t.
I mean you would have a record of the days activities but not the required type of record ie: on the driver card.Either way you’d get done for using the vehicle whilst not having a driver card though.
Even the easy answers can get complicated can’t they? 
Drivers aren’t obligated to apply for a smart card but may not drive a digital tacho equipped vehicle without one unless their card has been lost or stolen. A driver may continue to drive without his card for 15 calendar days in these circumstances. However, a replacement card must be applied for within seven calendar days.
If driving without a card, or if the driver card is damaged or malfunctions, drivers must by law use the vehicle unit’s facility to produce printed records of all relevant details, including the driver’s own details, and sign the printouts.
Note that drivers who have been issued with a smart card must carry it with them at all times when driving a vehicle that falls under EU hours rules - whether or not they are driving a digital equipped vehicle.
Wheel Nut:
Even the easy answers can get complicated can’t they?Drivers aren’t obligated to apply for a smart card but may not drive a digital tacho equipped vehicle without one unless their card has been lost or stolen.
They certainly can
But really the answer to the ops dilemma is clear in your quote, if you don’t have the card don’t drive the vehicle.