Bascialy i got pullby vosa and has took my 2 charts off me for beening a 1hr 10mins under a 9 hour reduce rest. I have been reading on here that you can do a spilt daily rest period in a 24 hour period. I started on day 1 at 12pm,stop at 12:45pm on rest,them started about 2;30pm driving for 20mins and rest agian until about 3;30pm and drove a further 2hrs and got home about 6;00pm ish, I pick up my sleeping gear and set of to shrewsbury got to stop point at about 8;00pm and rested until about 4;00am.I left the chart in until the 4 am in the following morning and replaced it with a new chart for the new day as you are suppose to. Now he said i hadnt had enough rest for the full 9hrs rest period so sent me back to based and had to park up.This is my very first offence with anything to do with hgv driving.What will happen not as i do not have the charts so i cannot work out myself the proper rest period i have had.When he stop me i was due to rest and i counldnt because he pull me over at about 12;15pm the next day before i could stop at the services. Here is another problem pull the vehicle for having a 5 tonne vehicle strap accross the batterys holding them on tight, i told him that they passed the mot like that and the guy who does a 1 year check on vehicle didnt have a problem with it, them this guy said well it needs a battery cover,which this vehicle has never had and i never had a failed for the vehicle cos of this either. Speed limiter on vehicle does not kick in on the VOSA machines even at test stations and he tested it and had the same result did not kick in and went strainght up to maxium on the tacho. This has only been a adviser at MOT as they cannot failed it as it could be there machine and there is a label in the window,so this guy mark it down as a defect. Well vehicle is already booked in on wednesday for all jobs to be done and gos back for partial test thursday at 8 in morning this is the earliest i can get. He put on paperwork thet the probation period does not start until the 26/01/09is this right or is it they put wrong date on. The days before i have had plenty of rest and have not committed this offence on purpose as i believe i was ok when i work out the time at 8 i could set off.He said you are allow 30mins over/under your rest so in theroy i am only over/under 40mins which i have aleady rest in total on day2 for about 2 hrs .I am very sorry about this being so long but hope someone can point me in the right direction and what to expect. Oh yes the parts which i believe are required for a speed limiter are there linkage,fuse on tachnogragh and working and gearbox has been sealed when it had it tachnograph done 2 yrs ago before the Mot. Since i owned the vehicle i dont think the limiter has kick in on any machines from people who have plug them in. Very sorry about but i am losing sleep over it as i am kicking myself for making such a stupid mistake. Please note i don not have intention on breaking the law so i am just trying to get out of it but just wonder where i stood. Should the guy have given me a copy of my charts
Sorry to tell you this m8 but the only split daily rest is that if you have a rest period of at least 3 hours during the shift then you only need to have a 9 hour daily rest period at the end on the shift, this should be completed within the 24 hour period from the start of shift.
Under normal circumstances there’s no legal way that you can reduce the daily rest period to less than 9 hours in the 24 hour period, so I’m afraid the VOSA examiner was correct that you’ve committed an offence in not having the correct amount of daily rest and had every right to park you up and book you.
I believe you should have been given a form to show that your charts had been kept by the VOSA examiner.
I can’t really say what’s likely to happen but if all your other records are OK I imagine you would be dealt with leniently but will probably get a fine and a smacked wrist 
I can’t comment on the battery cover but I’m sure someone will be able to let you know where you stand on that one.
Assuming that you’re an owner driver, as far as I know by not having a working limiter on the vehicle you’re committing an offence so that will also go against you I’m afraid.
All in all not a good day m8 and I imagine a serious chat with the Traffic commissioner is on the cards, I would think that it would be a good idea to now go through your records and make sure that everything else is in order
Good luck and let us know how you get on.
clarkie:
Bascialy i got pullby vosa and has took my 2 charts off me for beening a 1hr 10mins under a 9 hour reduce rest.
I have been reading on here that you can do a spilt daily rest period in a 24 hour period. I started on day 1 at 12pm,stop at 12:45pm on rest,them started about 2;30pm driving for 20mins and rest agian until about 3;30pm and drove a further 2hrs and got home about 6;00pm ish,
I pick up my sleeping gear and set of to shrewsbury got to stop point at about 8;00pm and rested until about 4;00am.I left the chart in until the 4 am in the following morning and replaced it with a new chart for the new day as you are suppose to.
Now he said i hadnt had enough rest for the full 9hrs rest period so sent me back to based and had to park up.
This is my very first offence with anything to do with hgv driving.What will happen not as i do not have the charts so i cannot work out myself the proper rest period i have had.
When he stop me i was due to rest and i counldnt because he pull me over at about 12;15pm the next day before i could stop at the services. Here is another problem pull the vehicle for having a 5 tonne vehicle strap accross the batterys holding them on tight,
i told him that they passed the mot like that and the guy who does a 1 year check on vehicle didnt have a problem with it, them this guy said well it needs a battery cover,which this vehicle has never had and i never had a failed for the vehicle cos of this either.
Speed limiter on vehicle does not kick in on the VOSA machines even at test stations and he tested it and had the same result did not kick in and went strainght up to maxium on the tacho.
This has only been a adviser at MOT as they cannot failed it as it could be there machine and there is a label in the window,so this guy mark it down as a defect.
Well vehicle is already booked in on wednesday for all jobs to be done and gos back for partial test thursday at 8 in morning this is the earliest i can get. He put on paperwork thet the probation period does not start until the 26/01/09is this right or is it they put wrong date on.
The days before i have had plenty of rest and have not committed this offence on purpose as i believe i was ok when i work out the time at 8 i could set off.He said you are allow 30mins over/under your rest so in theroy i am only over/under 40mins which i have aleady rest in total on day2 for about 2 hrs .
I am very sorry about this being so long but hope someone can point me in the right direction and what to expect.
Oh yes the parts which i believe are required for a speed limiter are there linkage,fuse on tachnogragh and working and gearbox has been sealed when it had it tachnograph done 2 yrs ago before the Mot.
Since i owned the vehicle i dont think the limiter has kick in on any machines from people who have plug them in. Very sorry about but i am losing sleep over it as i am kicking myself for making such a stupid mistake.
Please note i don not have intention on breaking the law so i am just trying to get out of it but just wonder where i stood.
Should the guy have given me a copy of my charts
tachograph:
Sorry to tell you this m8 but the only split daily rest is that if you have a rest period on at least 3 hours during the shift then you only need to have a 9 hour daily rest period at the end on the shift, this should be completed within the 24 hour period from the start of shift…
I know I’m being a little pedantic (sorry tachograph) but the 3 hours of the split daily rest MUST be done in one go - the 3 hours cannot be split which, from reading your post, is SEEMS that you might be thinking that way 
ROG:
tachograph:
Sorry to tell you this m8 but the only split daily rest is that if you have a rest period on at least 3 hours during the shift then you only need to have a 9 hour daily rest period at the end on the shift, this should be completed within the 24 hour period from the start of shift…I know I’m being a little pedantic (sorry tachograph) but the 3 hours of the split daily rest MUST be done in one go - the 3 hours cannot be split which, from reading your post, is SEEMS that you might be thinking that way
No where in my post do I say that the 3 hours can be split, I’ve read that paragraph half a dozen times now and can’t see why you would think I was implying that the 3 hours can be split up, I think you’re reading stuff that’s not there ROG 
As the split daily rest doesn’t apply in this case I see no particular reason to emphasise the fact that the 3 hours rest have to be consecutive hours
You do appear to have missed my typo in the same paragraph though, or is that what you’re referring to 
edit: It seems that I’ve misunderstood what ROG was saying, he was in fact referring to the post by clarkie and not my post.
Sorry ROG 
Thanks for your quick reply and i thought the worst so i guess i have to wait and see, how long is it before i find out what i will get. I have ask 2 people who have done my inspections on the wagon but they say they don`t know what is wrong with speed limiter. Another guy said he didnt have the software licence for my tachnograpgh so could not test it or cablirate it. I have just moved to a new guy who is now going to be inspecting my wagon from now and he said everything is there and he check the fuse etc… and it seems to be all there, but like he said he only knows a little about it. So on Monday i am going to get it in for it to be proper tested and see what happens from there.
hi tachograph
may i ask you aqustion with regard the qoute below
I pick up my sleeping gear and set of to shrewsbury got to stop point at about 8;00pm and rested until about 4;00am.I left the chart in until the 4 am in the following morning and replaced it with a new chart for the new day as you are suppose to.
Is it required that the card as to stay in now for the full 24 hours, or can you remove it when on daily rest (9 hour or11 hour one) and still fill the back in to show the rest.
I do know with regard digital tachographs that you do manual entries on the card if the card is taken out,
Also on digital tachographs do you have to show a full 24 hour shift, or can you take you card out at the end of you shift, and when you put it in next day and it asks you if you want to add manual entries and you say no is that OK or do you have to show what you did between taking you card out and putting it back in
tachograph:
ROG:
tachograph:
Sorry to tell you this m8 but the only split daily rest is that if you have a rest period on at least 3 hours during the shift then you only need to have a 9 hour daily rest period at the end on the shift, this should be completed within the 24 hour period from the start of shift…I know I’m being a little pedantic (sorry tachograph) but the 3 hours of the split daily rest MUST be done in one go - the 3 hours cannot be split which, from reading your post, is SEEMS that you might be thinking that way
No where in my post do I say that the 3 hours can be split, I’ve read that paragraph half a dozen times now and can’t see why you would think I was implying that the 3 hours can be split up, I think you’re reading stuff that’s not there ROG
As the split daily rest doesn’t apply in this case I see no particular reason to emphasise the fact that the 3 hours rest have to be consecutive hoursYou do appear to have missed my typo in the same paragraph though, or is that what you’re referring to
sorry - not you tachograph - I was referring to the OP - teach me to re-read before posting
delboytwo:
hi tachographmay i ask you aqustion with regard the qoute below
I pick up my sleeping gear and set of to shrewsbury got to stop point at about 8;00pm and rested until about 4;00am.I left the chart in until the 4 am in the following morning and replaced it with a new chart for the new day as you are suppose to.
Is it required that the card as to stay in now for the full 24 hours, or can you remove it when on daily rest (9 hour or11 hour one) and still fill the back in to show the rest.
I do know with regard digital tachographs that you do manual entries on the card if the card is taken out,
Also on digital tachographs do you have to show a full 24 hour shift, or can you take you card out at the end of you shift, and when you put it in next day and it asks you if you want to add manual entries and you say no is that OK or do you have to show what you did between taking you card out and putting it back in
You don’t need to leave the chart in for the 24 hours in this country (not sure about other European countries), I used to simply put lines with the start and finish times of the shift on the chart.
With the driver card you don’t need to leave it in the tachograph for the 24 hours.
When you put the card in you will be given the option to do manual entries for any work that you’ve done since taking the card out, to stay legal you should press “OK” to do a manual entry and enter all work that you’ve done since taking the card out, well … unless you haven’t done any work since taking the card out of course
ROG:
sorry - not you tachograph - I was referring to the OP - teach me to re-read before posting
No problem ROG, because your comment was immediately underneath the quote from my post I misunderstood what you were saying
thanks m8 
All i can say is one of our boys only took 8hrs rest instead of 9 in may i think last year. November last year case went to court and he got a £900 fine. Sorry.
tortoise:
All i can say is one of our boys only took 8hrs rest instead of 9 in may i think last year. November last year case went to court and he got a £900 fine. Sorry.
Would a non-UK driver get the same sort of treatment nowadays
ROG:
tortoise:
All i can say is one of our boys only took 8hrs rest instead of 9 in may i think last year. November last year case went to court and he got a £900 fine. Sorry.Would a non-UK driver get the same sort of treatment nowadays
They get parked up for 45 hours (no complete weekly and daily rest for the last 4 weeks) , no fine no ban no ■■■■ all!
MADBAZ:
ROG:
tortoise:
All i can say is one of our boys only took 8hrs rest instead of 9 in may i think last year. November last year case went to court and he got a £900 fine. Sorry.Would a non-UK driver get the same sort of treatment nowadays
They get parked up for 45 hours (no complete weekly and daily rest for the last 4 weeks) , no fine no ban no [zb] all!
Why do they not get a fine - is it a law thing
Dunno Rog, the one I saw on a police show recently had an eastern european driver that was pleading for some rest (iirc it was discussed on here) all he got was parked up, for no weekly/daily rests as well as exceeding his work and drive time by some margin.
Hello again i have just recheck paperwork and he has put down 7hrs 50mins.But i work it out different, this is what it says ’ have insufficient daily rest from 20:32pm on 15th until 04:40am on the 16th. Approx 7hrs 50mins rest in 24hours. works out at 8hrs 10mins, the guy mention you are allowed 30mins lean way so that be 20mins under the9 hrs rest. Is this right?. Also at 06:00 stop and on rest for 1hr 10mins, then i drove for another 40-50mins and stop for a period of 2hours. started driving again and was stop at 12:05 ish at the vosa centre. I went and got the paperwork and charts from vehicle and just work it out now on the times over.
forgot to mentin it is analogue charts i use.I started shift at 12:00pm on the 15th and surely my 24 hour period is til 12:00pm on the 16th.
clarkie:
forgot to mentin it is analogue charts i use.I started shift at 12:00pm on the 15th and surely my 24 hour period is til 12:00pm on the 16th.
Yes, but the full 9 hour block of rest must be within the 24 hour period.
clarkie:
Also at 06:00 stop and on rest for 1hr 10mins, then i drove for another 40-50mins and stop for a period of 2hours. started driving again and was stop at 12:05 ish at the vosa centre. I went and got the paperwork and charts from vehicle and just work it out now on the times over.
none of those in blue count towards the daily rest
clarkie:
, the guy mention you are allowed 30mins lean way
i believe you are reading into this the wrong way. the way I understand it is that if they find you 30 minutes short its a slap on the wrist and a good talking to that you were 30 mins short blah blah don’t do it again.
As you have stated you were 1 hour 8 mins short (by my reckoning) you will get done for the whole 1 hour 8 mins. Vosa will not take 30 mins off because that is what they allow. It is like getting caught speeding in your car, if you get caught at 80MPH on the motorway (for arguments sake) you are only 10 MPH over the limit so they will tell you to be more careful and slow down a bit but if you get caught at 100 they will take you to court for being 30MPH over the limit. They won’t take off the 10MPh that they would normally let you off with.
Sorry to put a dampener on it but you were 1 hour 8 minutes short on your daily rest. How hard can it be to understand that your minimum daily rest needs to be 9 hours minimum en bloc. You can not ‘mix and match’ to suit your own needs or if that was the case we could deliver to tescos (other supermarkets are available) be on a bay for 3 hours, pull off and drive to the next drop, 3 hours on bay and at your next drop bang out three hours rest and you are set up then for another 9 hours driving.
I know it was a genuine mistake (if I am reading this right) but it is still 1hours 8 minutes short. I guess if it was only 30 minutes you might have got away with it with a bo!!ocking but it looks like it might be a fine for you