Expired tacho - disciplinary

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
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Due to recent family related stress I simply forgot to apply for new tacho card on time before it expired, assuming that same rules apply for lost/stilen/damaged and expired.

I applied for new one only couple days before it expired, continuing to drive on expired one for 3 days before my holiday. I also notified my shift manager, before expiration, by providing her the reference number. I wasn’t stopped by anyone in the office and continued to drive for those three days. Tacho was flashing off course, but like I mentioned. I thought I was legal having 15 calendar days until my new card arrived, as is the case if the card was lost/stolen.

Yesterday, coming back from holiday they suspended me with pay until investigation finishes.

I know I screeed up, in hot sight I should’ve taken days off to deal with grief, but shouldn’t shift manager take part of the blame for not stopping my to drive until my new card arrived?

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I’d like to say you will be fine but as I don’t know what your company is like I can’t. Mine would go through procedures and you’d suck it up and continue. Hopefully yours will be the same

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Suspended WITH pay’?
What ya bothered about ‘‘Winner winner chicken dinner’’ if they boot you at end of suspension…go somewhere else, plenty jobs about.

You’re welcome.

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A decent investigation may well find you were in the wrong but so were the company systems that allowed to to continue to driver. Get some legal advise. Most disciplinary give option to have #imeine attend - take that option.

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My first 5 years of driving iron horses were full of lies and cover ups… mostly from me. I learnt the hard way, and I don’t look back at myself fondly.

Since then, my mentality is to just hold ya hands up, when ya ■■■■ up. We stopped hanging people in the 50’s, what’s the worst they can do.

The only transport manager I’ve have ever respected once said, “tell me before someone else does, so I’m prepared. Surprise me and I’ll ■■■■ ya sideways…”

Do still carry a bag full of tools, just in case. Give them one, and take two for yourself!

If they want ya gone, it would’ve been WITHOUT pay. As @robroy quite rightly points out, enjoy the free holiday.

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Covering their own arries’s. They can say to traffic commissioner or whoever-well, he did this so we suspended him while we investigated and we found ‘he had been a very naughty boy’ but he’s learnt his lesson and he won’t do it again!

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Thanks everyone for support, still suspended with pay. Will update when any news.

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If your suspended with pay, why aren’t you on the beach somewhere?

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If you work for a reputable company, you’ll be entitled to support from another colleague of your choosing. I’d highly recommend seeking one, as not only will they be able to look at things objectively and impartially, if you’re that worried, then you’ll end up saying things you may regret.

Don’t suffer alone.

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Yep…and I’d be sending them a post card.:joy:
I wish my lot would suspend me on full pay.:joy:

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This is why I always download my card every day ( I know trampers can’t ) , if there’s a issue the issue will show up straight away , they office can’t also claim they know nothing about the issue as the fact youd get a infringement would show they knew there was a issue after the first shift

You should also have asked the office person to put it in writing that it was ok to continue driving with a expired digi car ( all this kind of evidence was used n my favour when I went to court , txts , phone calls etc

Lastly I understand you had a lot going on , maybe a new driver but a 2 sec Google search would of told you it wasn’t legal

Where will it all end , I’ve no idea , nothing surprises me these days , at the end of the day they can’t take your lisense off you & that’s the main thing

Best of luck

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So yea still radio silence, not a phone call or email from them. In the meantime my probationary period ended 10 days ago, so I don’t know what to make of all this?:face_with_diagonal_mouth:

Pierre, I might take you up on that one… I heard Playas De Las Americas is nice :rofl:

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So what have you done since then? Contacted a solicitor, ACAS, ANYONE

to provide you with good advice on how to deal with this issue?

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Right… So you’ve been off now for is it 3 weeks on full pay?..ok.

Presumably they are continuing to pay you until they complete their… ‘‘investigation’’ :roll_eyes: (presumably carried out in a room with an ivory tower :smiley:)

What tf is there to ‘‘investigate’’ exactly? :roll_eyes:
It aint the crime of the century,… nobody died ffs.

So you (inadvertantly) ran with a dodgy tacho, :flushed_face: ''quick set up the gallows now ! '.:roll_eyes:…

You then played the inexperience card, as a defence, and claimed you genuinely thought you were covered, and explained why you thought that…
All of which imo are fair enough and an adequate explanation…
So again what is to investigate taking 3 to 4 weeks to do so ??

Sorry mate, I’ve probably been in this sh. industry a bit longer than you, so I find it very hard to take these ‘‘Up their own arses type firms’’ at all seriously.:grinning_face:

I also despise the type of pompous type ‘nonjob’ pricks who work there and do all this stuff to their drivers.:face_with_symbols_on_mouth:

In my view as an ex employer of drivers, when they discovered this, they should have got you in the office and either…

Give you both advice and a bollocking, and a quick…‘‘Don’t do it again son’’.

Or …

Instantly sacked you, no in betweens and certainly not all this over the top self important bull crap of keeping you waiting for their …oh sooo important decision on your future.:roll_eyes:
The words ‘mountain and molehill’ spring to mind.

So… What is the worst they can do?
They are paying you to sit on your arse at home, all good so far.
if it was me I would be spending most of that time enjoying it, certainly NOT sat worrying, and part looking for potential other jobs to go to if they bullet you, to cover my arse…maybe a couple of interviews.

How important is this job to you exactly?..especially judging what type of people you work for.
These crappy firms with ideas above their station only do as much of this type of crap as drivers allow them to…fact.

So…
On the day of their ‘‘verdict’’ :roll_eyes:…I would be playing their game and rocking up for my ‘‘talking to’’ doing my best to appear to show respect, and pulling the right faces and making the right noises.
Then when they say I can ‘‘keep my job’’ say ‘Thank You’’ walk out feeling smug.
Always best to make them THINK they have won, it helps them justify their non jobs.:grinning_face:

On other hand if they decided to ‘‘Let me go’’ I’d break out into a big grin and say ‘‘I cant work anymore with you pompous ■■■■ s any longer anyway, thanks for the x no of weeks full pay,.and swivel on that’’

And swagger out head held high into my new job never giving them a second thought.

Good advice…take it or leave it.
Good Luck mate

NIL ILLEGITIMI CARBORUNDUM.!!!

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For this to drag on so long gives the impression that this company haven’t got a clue what to do. Vehicle downloads will have recorded what was happening. If you had been pressing the tacho buttons to record each change of activity then that will have been recorded. They need to print out the downloads for the relevant days on whichever vehicle applies and issue these to you as your record as the identified driver for these days. I have a feeling they are waiting for 28 days to pass under the mistaken belief that there will then be no record of your activites for the DVSA to examine.

It will be interesting to see what they tell you to do about recording the period of paid suspension.

You should take up your right to have a colleague present at any disciplinary hearing.

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Dont know why its taking so long, its a bizarre situation if you ask me, almost a month. I think what Beaunydel said is closest to the truth covering their asses if ■■■■ hits the fan.

and yes id like to keep the job… reasonable wages, decent gear and lots of “down time” (unloading a curtainsider double decker can take hours). Having said that, I will definitely not beg them.

I have experience and last two times I applied on time but this time my best friend was in the hospital (and thank God recovered) and it just slipped my mind. I told them all about it but ■■■■■ wouldn’t hear it.

about the pompous office staff, my office is full of them. In fact, today i received an email for disciplinary booked next Monday with TM who worked as a hairdresser before this job. Can’t make it up.

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I’ve been told by the same “investigator” senior shift manager that 28-day rule doesn’t apply and that no one can get in trouble unless I was cought red-handed and actually pulled over while driving without the card.

Mistaken belief? please explain..

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That’s just nonsense, the person that told you that has no clue what he’s talking about :roll_eyes:

By the way, when you was driving without a card did you take vehicle printouts ?

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yes i did and I was obeying tacho & WTD rules, as I always do.

You are probably right, they suspended me for 28 days to avoid being pulled over.

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From a HR point of view, it would be safe to assume you named the office/management staff that were informed of you running with an expired card? If so, then they’ll be keen to have their pants down before yours. You’ve quite rightly made allegations that would need to be closed down before looking at whatever capital offence you have or havent committed.

You’ll likely find someone has already had the wrist slapped in the interim. ■■■■ rolls down hill, and we’re always last in line for everything.

Continue to enjoy your paid time off, don’t take the piss and start ringing your mates or WhatsApping them with you riding a Blackpool donkey. One thing I learnt very quickly in this game is to NOT rub their nose in it. Laugh and point by all means, by ■■■■ I would, but privately.

Keep a eye on the job sites though, just in case.