Evening All
Situation is this :-
did a morning shift yesterday 0600 - 1400 driving, all good
had a call asking me to do a double 1400 - 2100 no problem says i
when i got back to the yard to start the late shift they told me iwas going to be porter on a run to dover, only 7 jobs no problem.
Before i left the yard i didn’t put my card in, most porters don’t some don’t even have them.
Any way true to form the jobs went slightly awry and for various reasons i didn’t get back until 2145 i know over the fifteen hours not good.
went in this morning 0645 did a manual entry for yesterday and carried on driving as usual
just had a phone call stopping me going in tomorrow as i have had an infringement by not putting my card in for the late shift yesterday
can any one tell me if this is an actual infrimgement or is it just a breach of company policy just want to be sure before i go steaming in with my size twelves 
cheers
If you did no driving on the second shift then I cannot find a law that says you must use the digicard
there is a law that says you must record all the duties you did but you complied with that albeit a little late - could have been an issue if stopped during the second shift
DAFT FOOTNOTE = If you had another driver with you for both shifts with no gap between the two different drivers then I think you could have been under MM rules and got around the 45 mins over-run
ROG:
If you did no driving on the second shift then I cannot find a law that says you must use the digicard
there is a law that says you must record all the duties you did but you complied with that albeit a little late - could have been an issue if stopped during the second shift
DAFT FOOTNOTE = If you had another driver with you for both shifts with no gap between the two different drivers then I think you could have been under MM rules and got around the 45 mins over-run
how many of you in the truck ■■
two for both shifts only one driver (me) for the first shift though
there is a law that says you must record all the duties you did but you complied with that albeit a little late - could have been an issue if stopped during the second shift
ok accepting that how does it work for the other porters who are not digi card holders or even sometimes drivers ?
Or is it a case of if you have a card you must use it
cornishnick:
two for both shifts only one driver (me) for the first shift though
Cannot use MM rules so that’s that idea scuppered
As long as your manual entry covered the whole of the second shift, then the only infringement was going over the 15 hours (which is failing to take sufficient daily rest.) Article 6 of the drivers hours regulations states “5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment” However, if you download your card on a daily basis (when you got back at 2145) and didn’t make the manual entry until the following morning, your employer will have had no record of the second shift. This would have been corrected the next time you downloaded.