Incorrect Infringement - What to do?

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

I’ve just got an infringement that said I’d gathered a ■■■■■■■■■■ driving time of 6 hours and 16 minutes. This is near impossible, I always keep an eye on my tacho and it would have been flashing for 1 hour and 44 minutes if it had occurred (or am I incorrect in thinking this?). I understand maybe a lapse of attention for a minute or 30, but I’d not ignore a flashing tacho and numerous warnings on my dash for that long! I also never drive long enough not to get a break.

It’s got to be a mistake, I also got a print out for that day and I can’t see where this 6 hours and 16 mins has come from. It’s got to be an error.

I’d ask the relevant person at the company I work for but it’s a small establishment and they’re impossible to track down (since I work nights too), and the transport guys have no idea.

Is there a way to appeal this infringement and get it of my record. From what I gather this is quite serious if correct (which it can’t be).

(Sorry for any ignorance, I am quite new to the trade still)

2

Did you use POA?

3

Radar19:
Did you use POA?

I did use it before, until I read up on it and simply avoid it. But surely POA doesn’t add up to Driving time?

4

Poa will wipe your driving time out hence your 6 hr plus driving

5

Shellshocker:

Radar19:
Did you use POA?

I did use it before, until I read up on it and simply avoid it. But surely POA doesn’t add up to Driving time?

No but it resets the tacho head unit even though it doesn’t reset your drive time. Sounds like you’ve driven for a bit, used POA for 45 or longer then done more driving totalling more than 4.5 hours. Tacho head will claim you’re fine but the software will see an infringement.

6

Is it maybe a WTD infringement you have got and not one for driving? As you say, its near impossible to drive for over 6hrs without a break and not notice.

7

damoq:
Is it maybe a WTD infringement you have got and not one for driving? As you say, its near impossible to drive for over 6hrs without a break and not notice.

It is if you used POA. Also the computer software will tell you what sort of infringement it is, the OP said it was for driving time.

8

damoq:
Is it maybe a WTD infringement you have got and not one for driving? As you say, its near impossible to drive for over 6hrs without a break and not notice.

I didn’t think they hand out infringements for WTD?

But looking at my print out, it was a mostly driving day and not drove/worked over a ■■■■■■■■■■ 3.30 hours until 15 then 30 minute break.

9

They do, I got 3 in the space of two weeks. If the infringement is for exceeding driver hours then it sounds like you’ve used POA at some point in your day.

10

I’d also take a stab at a WTD infringement given the op’s certainty that it not a driving infringement, the 6 hours is the flag to a WTD case.

11

Post up a photo of the printout.

12

Messed up manual entry?

13

Cliff park right if you don’t do the annual entry correctly Previous days driving carries thru the following day

14

Oops manual entry lol

15

MrH:
I’d also take a stab at a WTD infringement given the op’s certainty that it not a driving infringement, the 6 hours is the flag to a WTD case.

The infringement software will tell you what infringement you got, ours will also tell you the penalty if caught. There should be no way to confuse a driving infringement with a WTD one.

16

Shellshocker:
Is there a way to appeal this infringement and get it of my record. From what I gather this is quite serious if correct (which it can’t be).

You may be misunderstanding what an infringement is, the only record this infringement is on is your companies records, so if you want to appeal it you will have to take it up with your TM or compliance manager if you have one, there is no-one else who can do anything about it.

As far as what the infringement is for, no-one can say without seeing your records, but if you want to scan and post printouts of the 2 relevant days we’ll have a look.

17

Almost certainly caused by use of POA. As to what to do about it, simple answer is nix, nada, nothing. The chances of getting pulled in the next month are slim to f all and even if you are unlucky enough to get tugged then an explanation to the enforcement bod will result in nothing more than a verbal warning. Assuming that it is a one off of course.

18

Shellshocker:
I didn’t think they hand out infringements for WTD?

They do. All the ones I’ve had have been for exceeding 6hrs on WTD usually because of the manual entry I’ve done when coming back off holiday for the end of shift duties for the last shift I worked before going away when I’ve put down what is on the timesheet which is rounded up to the nearest 15 minutes instead of the time I actually finished.

19

Thanks for all the help guys.
I had a dig around and realised due to working overnight, the infringement says it occurred on the 18th however it started on the 17th (hence why I couldn’t see it on the print out).

It WAS due to POA, I must have stuck it on in a hurry, had a 20 minute POA, then as it saves it as “break” had a further 31 mins actual break later on and hence it appears is not had a 45 mins in 6 hours 16 mins.

Genuine mistake this time as I am aware of POA tricky ways. It’s as if they stuck this mode in just to cause mayhem. Unfortunately it’s not my first (had insufficient rest, due to monging it again), but this is a genuine mistake and seems obvious on the print out what I meant to do.

But I’ll only find out my fate in the worst case scenario now anyways. Thanks guys

20

Shellshocker:
Thanks for all the help guys.
I had a dig around and realised due to working overnight, the infringement says it occurred on the 18th however it started on the 17th (hence why I couldn’t see it on the print out).

It WAS due to POA, I must have stuck it on in a hurry, had a 20 minute POA, then as it saves it as “break” had a further 31 mins actual break later on and hence it appears is not had a 45 mins in 6 hours 16 mins.

Genuine mistake this time as I am aware of POA tricky ways. It’s as if they stuck this mode in just to cause mayhem. Unfortunately it’s not my first (had insufficient rest, due to monging it again), but this is a genuine mistake and seems obvious on the print out what I meant to do.

But I’ll only find out my fate in the worst case scenario now anyways. Thanks guys

So what you’re saying is you actually have done nothing wrong but the incorrect interpretation of POA by the analysis created an infringement and you’re apologising where you have no need to apologise.

OR

You did actually go over your accumulated drive time without a proper total break period.

If the first, no need for the apologetics. POA gets a hard time, mainly because the crap tacho glitch that shows a display reset of drive time and also equally halfwitted analysis software that repeats this dullard interpretation followed by dullard analysis clerks who also don’t understand the crap the machine is spitting out.

Like a bear scratching his proverbial arse on a tree I bang on about this - POA itself is fine, it’s just a mode. It doesn’t cause hassle. To say otherwise misses the point. It has no tricky ways. It’s just a mode, it’s rarely applicable to most day to day uses if used correctly.

What has tricky ways is the idiots who don’t understand it, the crap hardware display glitches, those that abuse it for WTD or misinterpret it’s uses in analysis that cause driver hassle.

If the second. The digi tacho has one job! Just one job! If it displays misleading information to a driver then this government regulated and sanctioned piece of Tandy junk has failed 100 percent. The same goes for analysis program. It has one job! If it brings up infringements when no infringements take place then it has failed 100 percent. They need to sort this out. Boils my bacon.