Infringement, not enough daily rest

Hi guys. new driver here (Class 2) and I just want to say this forum has already helped me out loads and I’m certain it will continue to do so. :smiley: Also, I’m sorry if I’ve posted this in the wrong place.

Right, I passed in December and couldn’t get any work (usual 2 year c**p). I’ve managed to get some class 2 work the last couple of weeks though with Jobsworth recruitment but Before that I was doing 7.5t work for pure staff. Basically I worked Monday to Friday in old trucks for one company then in new trucks with digital tacho units on a Saturday. I didn’t realise I didn’t have to make manual entries for the Monday to Friday work (or do i?) as I have the charts with me, so tried to do a manual entry and screwed it up somehow. I only realised today as its the first time I’ve been able to see the screen when having my card downloaded and I’ve got an infringement for not enough daily rest :frowning: Now I know I definitely did have enough (finished Friday at 1830, started Saturday at 0800) so must’ve been the manual entry I tried to do that caused it.

So my questions are:

Can I fix this in any way?

If vosa pull me, am I going to get a fine or worse?

And will this hinder my chances of getting permanent work when I’ve got enough experience?

Sorry if I sound dumb but I’m quite worried at the mo and its given me a splitting headache.

Thanks in advance for any replies/advice given. :slight_smile:

Analogue card mon to fri and digi at other times = no need to do anything because together they are your official work records

Was it every saturday or every other saturday on digital after doing mon to fri on analogue?

birdman82:
…It must’ve been the manual entry I tried to do that caused it.

Can I fix this in any way?

.
You can either :

Plead guilty and face a death sentence by firing squad at dawn.
OR
Do a print out and do a written explanation on the reverse.
.
.

Thanks for the reply. Yeah I thought so, or at least now I do lol. It was Monday to Friday on analogue and Saturday every week for about a month. Only one infringement though.

Can I do a printout for something that happened a month ago? I no longer work for either company that I was working for at the time.

Cheers

birdman82:
Thanks for the reply. Yeah I thought so, or at least now I do lol. It was Monday to Friday on analogue and Saturday every week for about a month.

Expect more infringements because from what you said AND ASSUMING that it was a full day sat then where is the regular 45 weekly rest every other week?

It was usually just a short shift on a Saturday, local deliveries of IKEA stuff To peoples houses. I was usually finished by 2 and the latest I finished was 4.30pm

birdman82:
It was usually just a short shift on a Saturday, local deliveries of IKEA stuff To peoples houses. I was usually finished by 2 and the latest I finished was 4.30pm

Finished at 2pm then 45 hour rest would mean starting no earlier than 11am on monday

I think you need to go over your last few weeks of weekly rests !!

birdman82:
So my questions are:

Can I fix this in any way?

No I’m afraid you cannot, once activities are recorded either automatically or manually they cannot be changed.

However you can and should minimise the damage by doing a printout for the day you did the manual entry and write on the printout an explanation of what has happened, check the printout first to see exactly why the card is recording insufficient daily rest.

birdman82:
If vosa pull me, am I going to get a fine or worse?

I wouldn’t think so, do a printout to show that you’re aware that you’ve screwed up and why, and VOSA will most likely just advise you to be more careful in future.

birdman82:
And will this hinder my chances of getting permanent work when I’ve got enough experience?

No I wouldn’t expect it to go against you, especially if you can explain what you did wrong, another reason to check the printout.

C**p… :frowning: I started at 8 every day. So how long will it take for them to catch up with me being a mixture of analogue and digital? I didn’t realise the 45hours had to be one continuous rest, time to go through my printout of drivers hours and WTD in a lot more depth I think :confused:

birdman82:
C**p… :frowning: I started at 8 every day. So how long will it take for them to catch up with me being a mixture of analogue and digital? I didn’t realise the 45hours had to be one continuous rest, time to go through my printout of drivers hours and WTD in a lot more depth I think :confused:

This will only get picked up at a roadside check if within the last 28 days or in a check done at operator premises

They will not bother if over 6 months old

Neither operator is likely to pick this up as one has all the analogue card but no digital doownloads from your digicard and the other has the downloads from the digicard but none of the analogue cards

birdman82:
C**p… :frowning: I started at 8 every day. So how long will it take for them to catch up with me being a mixture of analogue and digital? I didn’t realise the 45hours had to be one continuous rest, time to go through my printout of drivers hours and WTD in a lot more depth I think :confused:

Am I reading this right, you worked Monday to Friday on analogue tachographs for one company then on digital tachograph for a different company ?

If that’s right you’ve got nothing to worry about apart from the one infringement that’s on your driver card :wink:

Just don’t flash the charts in front of VOSA :laughing:

Thanks for all the replies. How do I do a printout of the specific day in question?

Also, I haven’t been doing 6 days a week for about 3 weeks now if that makes any difference. The infringement happened 1 Saturday before I stopped working for pure staff.

tachograph:

birdman82:
C**p… :frowning: I started at 8 every day. So how long will it take for them to catch up with me being a mixture of analogue and digital? I didn’t realise the 45hours had to be one continuous rest, time to go through my printout of drivers hours and WTD in a lot more depth I think :confused:

Am I reading this right, you worked Monday to Friday on analogue tachographs for one company then on digital tachograph for a different company ?

If that’s right you’ve got nothing to worry about apart from the one infringement that’s on your driver card :wink:

Just don’t flash the charts in front of VOSA :laughing:

That’s about the size of it yeah…

I had a neighbour who was a workaholic and used to do some days for one on digi and other days for another on analogue making a 7 day working week and often doing back to back shifts for both - he was one of those weird maggie thatcher type people who only needed 3 hours sleep in any 24 hours
He never got caught in all the time he was my neighbour for the reason I explained in my last post but was very lucky he did not get stopped when driving the analogue lorry because they would have insisted on looking at the records on his digicard which they knew he had from DVLA database

birdman82:
Thanks for all the replies. How do I do a printout of the specific day in question?

I remember being ‘terrified’ when I eventually had to use my first digi tacho, I’m no technophobe but I could not get my head around the stupid logic.

You need to play around with a tachograph simulator, I can’t recommend any source of one in particular but if you Google ‘tachograph simulator’ then you’ll eventually come across the right ones.

P.S. They’re meant to be free to download & experiment with.

Lol I’m by no means a workaholic, was just very short of cash at the time and being new to tachos didn’t understand the rules properly.

OK so if I don’t get flagged in to a check site in the next week or they don’t come visiting the firms I work for in the next 6 months I should be OK? Obviously apart from the existing infringement which I can explain on the back of the printout for what its worth.

Thanks a lot guys. Still got a lot of reading to do but that eases my headache a little lol.

And thanks for the tip chas. I’ll have a look at them :smiley:

If you’ve been doing your current job for two weeks, at-least two weeks of the charts must be past the 28 day mark so you don’t need to show them to anyone apart from the operator you worked for.

I assume you know that the charts must be handed back to the operator no later than 42 days from the date on the chart.

Do brush op on the regulations though mate, the weekly rest rules are quite basic stuff that you really need to know about :wink:

Drivers Hours and Tachograph Guide

This is the simulator for the old type of digital tachograph

birdman82:
Lol I’m by no means a workaholic, was just very short of cash at the time and being new to tachos didn’t understand the rules properly.

OK so if I don’t get flagged in to a check site in the next week or they don’t come visiting the firms I work for in the next 6 months I should be OK? Obviously apart from the existing infringement which I can explain on the back of the printout for what its worth.

Thanks a lot guys. Still got a lot of reading to do but that eases my headache a little lol.

And thanks for the tip chas. I’ll have a look at them :smiley:

It would need a lot of visiting and piecing together on the part of VOSA to find you out now so I think you can say that you have got away with it

Just make sure that from now on you get your 45 hours unbroken rest at least every other week to keep legal

Thanks, I definitely will do from now on. :smiley:

Easiest fix for your predicament, will be to “lose” your digi card and invest £20 for piece of mind!