Guys is this against the law?

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
81

dozy:

TruckDriverBen:
Rob, my point was is it safe for me to do this. Iv spoken to many driver they said dvsa don’t give a rat ■■■ if its under ‘x’ amount of distance or ‘x’ amount of time if its practically no milage

Especially if its off road

The point is Ben is the drivers who have said DVSa won’t care won’t be attending court with you or stood with there credit card ready to pay your fine , theyl be nowhere to be seen
That what you’ve got to remember , it will be you paying the £776 fine , you possibly traveling from one end of the country to the other to attend court etc etc etc .
I only had mins without card in , after 1 1/2 yrs I thought they’d not bother , but they did
I also had a night at Carlisle Vosa station , lorry immobilised , I just wanted to get out of there , I’d had enough , if I could of walked from Carlisle to Grantham I would of , but mates & Vosa blokes talked me out of it
I’d also add the clerk of the court was on about a custodial sentence , and 1 of the 3 judges was nodding her head at her , it was only the DVSa solicitor saying we’re not asking for a custodial senstance that stopped them , stopped that stupid clerk of the court
Now you’d think all that was bad enough but the worst part was the journey home from Carlisle - grantham , I think my mrs took her 30 yrs of pain & suffering & a day at Carlisle out on me , she never stopped all the way back , she went on & on , she must of jabbed her finger in my chops about a hundred times , my only rest bite was telling her I needed the toilet at wetherby , and 10 mins sat on the loo even though I didn’t t need it .

This cheered me up. :laughing:

82

Franglais:
Unaccounted mileage or driving without a card happens.
If it happens after Fred took his card out, before Joe put his in, it can easily be explained.
If it happens over night when a regular driver is at home that too can be explained.
.
If it happens halfway through Your shift, how will You explain it?
.
And it is very easily seen.

I had to take my truck to the VMU on my return recently. I was almost at the limit of my wtd hrs (nearly 6hrs continuous work) and close to 15hr work too.
As I would be waiting for the repair to be carried out then driving bavk to the depot, I knew i could use POA. but I also knew the mechanic would be driving the truck. So i popped the card and then manual entried the POA. I believe this to be correct as my card records my work, not what the truck does.

83

Dozy , I’m not having a go at you Mate but how did the Judge mention a possible outcome of immediate custody when you attended Crown Court ,as Magistrate Courts have limited powers to impose prison sentences but Crown Court has more power to impose longer sentences?
To get prison you have to cross the custody threshold written in law that HHJ as to abide to and take in to consideration of aggravating factors such as previous crimes and your police records and a DBS plus character references from your present or past employers .

By going over a few minutes, I find it hard to see how you would have been sent to prison, did your Solicitor or Q.C defence Barrister tell you to pack a small bag for prison?

I agree on travelling the country to attend cases as it’s done where the offence was committed and not your place of abode .
This means expensive travel expenses and hotels or the night before court or on the day , they adjourn your case so you lost wages attending court .
Were you charged with fraud for the tachograph offence and how did the figure of £776 be calculated?

84

LazyDriver:

Franglais:
Unaccounted mileage or driving without a card happens.
If it happens after Fred took his card out, before Joe put his in, it can easily be explained.
If it happens over night when a regular driver is at home that too can be explained.
.
If it happens halfway through Your shift, how will You explain it?
.
And it is very easily seen.

I had to take my truck to the VMU on my return recently. I was almost at the limit of my wtd hrs (nearly 6hrs continuous work) and close to 15hr work too.
As I would be waiting for the repair to be carried out then driving bavk to the depot, I knew i could use POA. but I also knew the mechanic would be driving the truck. So i popped the card and then manual entried the POA. I believe this to be correct as my card records my work, not what the truck does.

Fine. And the VMU will have records of having the truck there.
Not the same as popping the card for no verifiable reason.

85

Some employers like their drivers to leave their digital card in when booking off for a night out and some don’t mind if you take the card out or not .
My preference is to take it out in case you have to move the lorry a few metres in the night as you didn’t see the farmers farm gate entrance and he wants to put his harvest machine in the field.

86

The law allows drivers to depart from the rules under public safety and reasons beyond your control such as fatal accident and the road is shut for police forensic examination and your driving time and working time has expired.
Bad weather such as flooding is acceptable, all these events are recorded so the authorities can check if you had a reasonable excuse to depart from the rules and find a secure or safe parking for the load .
No fine for me when I recorded the departure reasons due to snow in France on the rear of the analog paper disc tachos .
The French Ministry man even checked all my ADR equipment for anything missing by laying a sheet on the ground and printed on it was all the kit required.