I worked on the 14/10/05, then i came to work again 17/10 to the 21/10 when i had my 36 hours off then back in on the 23/10 (overtime shift) .
I got to work tonight and my tacho,s from the week ENDING 14/10/05 were taken out of my folder ( we have a folder to store thing in which is handed in after every shift).
So tonight i went out driving without “the last tacho form the previous weeks driving”.
BUT the boss says as i have had my weekly rest since friday the 21/10 to Sunday the 23/10 i dont need the previous weeks tacho.
Now i know i am 99.99% right on this that i need to have the tacho from 14/10 i just want someone to tell me i am right as i,m ■■■■ sure of this.
I hope i have explained this right and i,m sure you lot will understand it ;)…
Possibly a good thing you didn’t get pulled in by the Ministry or Police for a cup of tea and a chat. You and the vehicle would have been prohibited for ‘fail to produce tachograph record sheets at the roadside’ the prohibition would last until either the original record (an officer doesn’t have to accept fax or photocopy records) or the rest period you require had expired, in this case 36 hours. Both you and the company could then have been reported for prosecution, FTP = upto £ 5000 per offence but no points.
Why all this? The legislation requires you to be able to produce all records for the current week and the last record from the proceeding week in which you drove (an EC controlled vehicle). The Regulations define a week as being 00:00 hrs Monday to 24:00 the following Sunday.
So you drove on the 14th.
You then had a weekly rest
You then drive 17th through to 21st
You then take a 36 weekly rest
When you set off on the 23rd it is the ‘current week’ starts 00:00 on 17th and ends 24:00 on 23rd. The previous week at this point ended at 24:00 on 16th so you must carry the last chart from that week, the 14th in your case. However, if we assume you now drive on 24th then you can return all charts to the office, with the exception of the 23rd ,as this is now the last chart from the ‘previous week,’ there is no requirement under the Regs to be able to show a weekend rest period, although most officers like to see it.
Where life gets complicated (if you didn’t think the above was) is when you have a week off eg. on holiday or sick. You must now have with you the last chart for the week prior to your week off. Don’t forget that under UK Regs you are required to return all used charts to the employer before they are 21 days old.
Possibly a good thing you didn’t get pulled in by the Ministry or Police for a cup of tea and a chat. You and the vehicle would have been prohibited for ‘fail to produce tachograph record sheets at the roadside’ the prohibition would last until either the original record (an officer doesn’t have to accept fax or photocopy records) or the rest period you require had expired, in this case 36 hours. Both you and the company could then have been reported for prosecution, FTP = upto £ 5000 per offence but no points.
Why all this? The legislation requires you to be able to produce all records for the current week and the last record from the proceeding week in which you drove (an EC controlled vehicle). The Regulations define a week as being 00:00 hrs Monday to 24:00 the following Sunday.
So you drove on the 14th.
You then had a weekly rest
You then drive 17th through to 21st
You then take a 36 weekly rest
When you set off on the 23rd it is the ‘current week’ starts 00:00 on 17th and ends 24:00 on 23rd. The previous week at this point ended at 24:00 on 16th so you must carry the last chart from that week, the 14th in your case. However, if we assume you now drive on 24th then you can return all charts to the office, with the exception of the 23rd ,as this is now the last chart from the ‘previous week,’ there is no requirement under the Regs to be able to show a weekend rest period, although most officers like to see it.
Where life gets complicated (if you didn’t think the above was) is when you have a week off eg. on holiday or sick. You must now have with you the last chart for the week prior to your week off. Don’t forget that under UK Regs you are required to return all used charts to the employer before they are 21 days old.
Is that not what I said in the space of one sentence ?
Rob K:
Is that not what I said in the space of one sentence ?
I don’t think so, no. He did have the tacho from his last day worked (in fact the last five, the 17th to the 21st), the one he was missing was the last tacho from the previous weeks driving, namely the tacho from the 14th.
Rob K:
Is that not what I said in the space of one sentence ?
I don’t think so, no. He did have the tacho from his last day worked (in fact the last five, the 17th to the 21st), the one he was missing was the last tacho from the previous weeks driving, namely the tacho from the 14th.
Paul
You’re dead right Paul. Everyone including me misunderstood his original post.
Jammy, the only one you need to keep is the tacho from the 21st. That is what is meant by the previous week. The Tacho of the 14th is from the week before last, and may be handed in.
Just re-read everything, (I wish I’d never logged on today ) and now realise that, although my above statement is correct, Rob and Geebee also read it right.
Spardo:
Jammy, the only one you need to keep is the tacho from the 21st. That is what is meant by the previous week. The Tacho of the 14th is from the week before last, and may be handed in.
Not correct David, he needed the disc from the 14th when he drove the shift on Sunday the 23rd. The work done on the 17th - 21st and the 23rd is all the current week and during that time you must be able to produce all the discs from the current week and the last disc from the previous week (in this case the disc from the 14th.) Having a weekly rest period does not necessarily mean you start a new week as the new week only begins at 00:00 Sunday night/ Monday morning.
When he went to work on the 24th it was a new week so no longer needed the disc from the 14th. The only disc he needed on the 24th, in addition to the one in the head, was the one from the 23rd. It would be better to have all the ones from the 17th to the 23rd so it could be seen he had had a weekly rest but it is not necessary.
The person who removed the tachos is in some serious crap as they took the last working day from the previous weeks tachos from 6 drivers on the 23rd, So yes i was right and it looks like someone is getting a severe arse kicking.
Thanks for the replies folks i knew i was right but just to let you know out of the 6 drivers who had the same problem only 2 of us knew we would be driving illegaly that night the others said they didnt need those tachos from the W/E 14th/10.
You are quite right Neil, as I realised while talking to Repton in the chat room shortly afterwards. I assumed that he had started work shortly before midnight on the Sunday for a Monday shift and as that used to be a regular occurrence for me would be very unlucky to get a pull for that. Nevertheless that still made it a legal requirement to keep the tacho for the 14th.
One thing I’ve often wondered is that when I’ve started a new job, or simply have not driven for a number of weeks and as a result will have no previous tachos with me, if I’m stopped, what are they likely to make of me saying I have no other tachos? as for all they know, I could be driving bent every day and pulling a fast one by saying this?
robinhood_1984:
One thing I’ve often wondered is that when I’ve started a new job, or simply have not driven for a number of weeks and as a result will have no previous tachos with me, if I’m stopped, what are they likely to make of me saying I have no other tachos? as for all they know, I could be driving bent every day and pulling a fast one by saying this?
If you have started a new job, you will have some sort of letter to say so, like an introduction letter or copy of a contract. If you have been on holiday, you should still keep the last days tacho, or have a company stamped and signed letter giving the dates.
These are standard letters written in the common languages of the EU.
The Police and Ministry are wise to people not having “previous” records
Wheel Nut:
If you have started a new job, you will have some sort of letter to say so, like an introduction letter or copy of a contract. If you have been on holiday, you should still keep the last days tacho, or have a company stamped and signed letter giving the dates.
These are standard letters written in the common languages of the EU.
The Police and Ministry are wise to people not having “previous” records
What would have happened to me when I first classed my Class 2 and got agency work? I didn’t get any sort of letter or contract there, I was just phoned up and told to go to work, which I did, was given the keys and off I went.
;)…
) and now realise that, although my above statement is correct, Rob and Geebee also read it right.