Infringments

Hi all,
So not doing 4 and half hours driving time but having 2x 15 mins breaks (for working time) working under 9 hours but as my second break isn’t showing on the tacho download it’s throwing up infringement? Anyone else had this? Not had it with any other company so wondering if it’s the software company using.

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ag1992:
Hi all,
So not doing 4 and half hours driving time but having 2x 15 mins breaks (for working time) working under 9 hours but as my second break isn’t showing on the tacho download it’s throwing up infringement? Anyone else had this? Not had it with any other company so wondering if it’s the software company using.

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Can you get a printout by putting your card in a tacho and arrowing back to the day in question?
If the breaks are on your printout you can ignore your company’s proprietary software if it’s set up wrong.

If you’re sure you had two 15 minute breaks and never mistimed one of them it has to be the software your company are using.

As stu675 said do a printout and see if the breaks show on it, if the the breaks show on a printout you can point out to your company that there’s something amiss with their software, otherwise you’ve screwed up and need to learn where you’ve gone wrong.

ag1992:
Anyone else had this?

No…

That’s never happened to me. Anything approaching nine hours and I’ve had at least an hour off.

Initial thought is that one of the breaks was less than the 15 minutes.

We have drivers doing this but they are showing the first break early in the shift and having the next break later . The time between the 2 breaks were over 6 hrs … ding that’s where they got it wrong.

Just a thought, you aren’t trying to show your second break right on the end of the shift without some other work before booking off are you?

I can`t understand why Drivers only take nothing more than a “tea breaks” and a “toilet stop” in six hours because the Law allows it to happen. What ever happened to the “tea break” and a proper lunch break.

Tachographs do a roll back, I’ve had that happen in the past, where I thought I had a 15 and its only been 14. Thats why I now always do 16 minutes, 31 minutes or 46 minutes, I do this if I split my break, as we don’t get paid for an hours break I make sure I take the hour aswell.

Edit. Whooops I’ve got an infringement for going over the 6 hour WTD, had someone else in the cab lost track of time and forgot to do a 15 minute break!!!

Exactly what is the infringement for?
What has been explained to you by the person asking you to sign for it?

If it isnt explained to you what is wrong, so you can rectify it, dont sign accepting that you have somehow done wrong.

Acorn:
Initial thought is that one of the breaks was less than the 15 minutes.

Seems most logical since one of the 15’s was accepted.
There can be discrepancies between the tacho display and the internal recording system of the tachograph. For example, tacho display shows 15 mins but tacho recoding system only sees that you have just entered the 15th minute of break. Best to take 17 mins rather than 15.

Mind you, I don’t believe drivers should be so focussed all the time on minimum breaks and rests.

Zac_A:
There can be discrepancies between the tacho display and the internal recording system of the tachograph. For example, tacho display shows 15 mins but tacho recoding system only sees that you have just entered the 15th minute of break. Best to take 17 mins rather than 15.

Sorry but that’s simply not correct, if the tachograph shows 15 minutes break you can be absolutely sure you’ve had 15 minutes break and that’s what will be recorded on both the driver card and the VU.

If there’s ever a discrepancy between the amount of break shown on the tachograph screen and what’s recorded the tachograph should be defected.

Stephenjp:
Tachographs do a roll back, I’ve had that happen in the past, where I thought I had a 15 and its only been 14.

Absolute tosh. The internal clock is a vurste and when it ticks over to 15 mins it is 15 mins on the tacho display. I often have 15 min breaks and 30 Mon breaks exactly and go and never had a break that has not been counted.

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Zac_A:

Acorn:
Initial thought is that one of the breaks was less than the 15 minutes.

Seems most logical since one of the 15’s was accepted.
There can be discrepancies between the tacho display and the internal recording system of the tachograph. For example, tacho display shows 15 mins but tacho recoding system only sees that you have just entered the 15th minute of break. Best to take 17 mins rather than 15.

Mind you, I don’t believe drivers should be so focussed all the time on minimum breaks and rests.

Again as above absolute tosh, 15 mins recorded by a tacho is 15 mins no ifs no buts. As Tachograph has also posted above as well.

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Meh…I’ll take the face-to-face opinion of a tacho calibration technician I’ve met in person, over the opinion of various people online who I’ve never met, any day of the week.

And, I still maintain, and always will, that the race-to-the-bottom mentality of only taking the absolute minimum of breaks or rests is part of what makes the industry so much in need of a change.

I had a type one tacho that used to lose a minute sometimes on a break. I guess this was to do with the first minute being treated as driving if is stopped a few seconds into it, then switching it on to rest.

Zac_A:
Meh…I’ll take the face-to-face opinion of a tacho calibration technician I’ve met in person, over the opinion of various people online who I’ve never met, any day of the week.

So now you’re saying that a “tacho calibration technician” has told you that the digital tachograph does not have to comply with Regulation (EU) No 165/2014 :confused:

In case you don’t know Regulation (EU) No 165/2014 makes it clear that when the driver is on break the tachograph display has to show the length of the current break and the ■■■■■■■■■■ length of break.

I’m saying that in his expert opinion, machines are not infallible and it’s wise to factor in a safety margin. If there’s a problem with a driver having two extra minutes of break, then there’s a far bigger problem with that company across the board.

As I’ve already said, I’ve never been in favour of “bare legal minimum” for anything, especially breaks and rests, rather we should aim for “best practice” as a minimum standard.

Many things can be legal by the letter of the regulations but may not be best practice - for example, certain conditions do not require the use of a driver card, but it could still be advisable to use one, as the “effort” required to insert the card is far far less than the time and effort required to adequately account for the missing mileage on that vehicle should DVSA come calling.

Zac_A:
I’m saying that in his expert opinion, machines are not infallible and it’s wise to factor in a safety margin. If there’s a problem with a driver having two extra minutes of break, then there’s a far bigger problem with that company across the board.

I don’t think anyone is saying that there’s a problem with drivers having an extra minute or two break, I’m certainly not saying that, I mean why would I even care :confused:

You originally said “There can be discrepancies between the tacho display and the internal recording system of the tachograph”, and as I pointed out that is not correct.

To be honest I don’t really care what some random “expert” has told you, the fact is that if a tachograph display gives the incorrect information as to what break has been taken the solution is to report the problem and get it put right not to have extended breaks that the driver may or may not want.

If a driver wants to extend his/her breaks that’s fine but no-one should be using misinformation about tachographs as a reason for doing so.

when I was doing a drivers hours cpc day a few years ago, I was told that some make of tacho records for every minute what setting it was on for the majority of the minute. So if you were driving for 32 seconds of the minute and had it on rest for the other 28 seconds of that particular minute, it would record as driving for that whole minute. that’s why I always go to 16 or 17 minutes (31/32 or 46/47) as a minimum, just to be safe. though I also have no problem with taking a slightly longer break as these are minimum requirements and if I feel I need the break to be longer so be it.