So middle of the shift on break, and I go to check the tacho to see how long I’ve had. Bit of a brain ■■■■ and I press the eject button by mistake! So after a bit of swearing and calling myself a thick [zb], I get the card back in, do a manual entry of break for the one minute the card was out and carry on the break. To my surprise, the tacho resumes the break and withing a few minutes I’m on 45. The drive time is also reset so I’m thinking result. No one will know what a dumb arse pratt I’ve been…
Apparently not!
The tacho analysis software didn’t agree and flagged it up as an infringement.
So what is the score there, is it a valid break as the tacho head/unit seems to indicate, or is the analysis software right?
I’m aware that doing a manual entry is other work, but I’m seeing that as a bit pedantic so trying to ignore that!
I’ve only done that when changing mode not when checking tHe time as its a button the other side .
Did you do a print out and have a look at what was recorded
I don’t know the legal answer but how can accidently ejecting a card be an infringement. I’ve done it a couple of times and not heard anything more. the Tacho ejected it once as I was driving just shoved it back in. So I don’t think it would be a problem.
nick2008:
I’ve only done that when changing mode not when checking tHe time as its a button the other side .
Did you do a print out and have a look at what was recorded
Like I said, brain ■■■■!
As an ex IT professional I’ve a very blasé attitude to tech, as generally there is an undo option…
The printout recorded 3 consecutive individual breaks.
Maybe if they didn’t put the things in such a stupid place, ie up in the dark with a bloody great windscreen letting in masses of light a few inches below, just to ensure its even darker and almost impossible for anyone over the age of 16* to see the bloody buttons (unlit) clearly, the average driver wouldn’t make the mistake you have, something i’ve done many times too.
Infringement?, yeah probably depending on how pedantic the system being used, would i worry me pretty little head about it?, most definately not.
*increasingly i get the feeling that gameboy generation are designing lorries for 16 year olds, judging by all the pointless electronic ■■■■■■■■ thats going in.
knight2:
I don’t know the legal answer but how can accidently ejecting a card be an infringement. I’ve done it a couple of times and not heard anything more. the Tacho ejected it once as I was driving just shoved it back in. So I don’t think it would be a problem.
It’s not a problem, or I don’t see it as one…
I’ll sign the infringement and just say I accidentally ejected the card, job done!
I didn’t think it was possible to eject the card when driving, although even I haven’t done that!
Juddian:
Maybe if they didn’t put the things in such a stupid place, ie up in the dark with a bloody great windscreen letting in masses of light a few inches below, just to ensure its even darker and almost impossible for anyone over the age of 16* to see the bloody buttons (unlit) clearly, the average driver wouldn’t make the mistake you have, something i’ve done many times too.
Infringement?, yeah probably depending on how pedantic the system being used, would i worry me pretty little head about it?, most definately not.
*increasingly i get the feeling that gameboy generation are designing lorries for 16 year olds, judging by all the pointless electronic ■■■■■■■■ thats going in.
Well good news mate, I hear that the new Tacho’s are doing away with the eject button.
Why they couldn’t have just asked for confirmation I don’t know.
Evil8Beezle:
Well good news mate, I hear that the new Tacho’s are doing away with the eject button.
Why they couldn’t have just asked for confirmation I don’t know.
Yep, I can confirm that. On our 16 plate MANs there is only the one button per slot. You have to keep it press for five seconds to eject. They obviously had you in mind when they came up with that one!!!
Evil8Beezle:
Well good news mate, I hear that the new Tacho’s are doing away with the eject button.
Why they couldn’t have just asked for confirmation I don’t know.
Yep, I can confirm that. On our 16 plate MANs there is only the one button per slot. You have to keep it press for five seconds to eject. They obviously had you in mind when they came up with that one!!!
I’ve often thought that a yes or no pre set to no would solve this happening
People make mistakes, so you correct it by producing a printout and recording your mistake.
The problem is those wonderful tacho analysing programmes or companies don’t get to set hat correction which results in an infringement, when you sign those infringements you are saying you both understand and agree with them, personally I would present the printout to whoever hands out the infringements and disagree with it.
But maybe that’s just me
Evil8Beezle:
Well good news mate, I hear that the new Tacho’s are doing away with the eject button.
Why they couldn’t have just asked for confirmation I don’t know.
Yep, I can confirm that. On our 16 plate MANs there is only the one button per slot. You have to keep it press for five seconds to eject. They obviously had you in mind when they came up with that one!!!
I’ve often thought that a yes or no pre set to no would solve this happening
Good idea, you get the option for manual entries and with the buttons right next to on e another its easy to eject the card when you don’t want to, the OP can do a printout with an explanatory note on the rear, thats all you can do.
Evil8Beezle:
The printout recorded 3 consecutive individual breaks.
Think about it mate. If you recorded 3 separate breaks totalling 45 minutes, you COULD have a cleared break depending on the type of tachograph you are using. So yes it is technically an infringement as you know you can’t split a break that way.
However if you do 2 print outs to correct your mistake and hand it in, it should be filed along with your infringement letter from the software, so your file and your operator compliance would satisfy the DVSA if they came a knocking on your companies door. Also if you were stopped before the infringement was flagged you would able to explain it to plod at the roadside. They understand mistakes, and wouldn’t have any problem with it.
Evil8Beezle:
The printout recorded 3 consecutive individual breaks.
Think about it mate. If you recorded 3 separate breaks totalling 45 minutes, you COULD have a cleared break depending on the type of tachograph you are using. So yes it is technically an infringement as you know you can’t split a break that way.
However if you do 2 print outs to correct your mistake and hand it in, it should be filed along with your infringement letter from the software, so your file and your operator compliance would satisfy the DVSA if they came a knocking on your companies door. Also if you were stopped before the infringement was flagged you would able to explain it to plod at the roadside. They understand mistakes, and wouldn’t have any problem with it.
Don’t worry about it.
Yeah I agree they are 3 separate breaks, even if they are not separated by anything else.
I was surprised the Tacho let me get away with it, hence the question…
The some versions of Tachographs will clear your breaks for this, others won’t.
Just like some will clear it if you mix POA and break to total 45 minutes.
Just like some will default to a different mode when you switch on the ignition.
You just need to know what one you’ve got, and what it might do to you, to avoid the large unrubberised, unlubricated, regs ■■■■■ being shoved up your keyster
F-reds:
The some versions of Tachographs will clear your breaks for this, others won’t.
Just like some will clear it if you mix POA and break to total 45 minutes.
Just like some will default to a different mode when you switch on the ignition.
You just need to know what one you’ve got, and what it might do to you, to avoid the large unrubberised, unlubricated, regs ■■■■■ being shoved up your keyster
DVSA wouldn’t be remotely interested in an infringement like this, or for things like running a few minutes over your time unless it became a pattern, and as for signing an infringement sheet then that doesn’t incriminate a driver at all, it simply shows that the operator is carrying out checks correctly and bringing them to the driver’s attention, which means that DVSA will tend to leave the operator to get on with it rather than placing them on Amber OCRS which they would if the operator wasn’t checking for compliance.
F-reds:
You just need to know what one you’ve got, and what it might do to you, to avoid the large unrubberised, unlubricated, regs ■■■■■ being shoved up your keyster
As Cavey pointed out, it won’t be a problem in a few years when I get myself a ‘special needs’ tacho.
Evil8Beezle:
Well good news mate, I hear that the new Tacho’s are doing away with the eject button.
Why they couldn’t have just asked for confirmation I don’t know.
Stoneridge digital tachographs don’t have an eject button, irrespective of their age, just a single mode button for each slot which you hold down to eject.
It’s seems that VDO have changed to that method on their latest model.
As for your infringement, then if you have recorded separate breaks, albeit consecutively with no other activity between them, an automated analysis programme will most likely see them as individual breaks - assuming they don’t meet the requirements for splitting a driving break then it will be flagged up.
So by what your employer deems to be an “infringement”, yes it will be, since you haven’t correctly recorded a driving break nor have you provided a manual record of a recording error.
As for whether it is an offence, then probably not, but without having anything written to acknowledge the error it might pique the interest of an enforcement officer.
This is the type of situation where you should do two printouts and write an explanation of what happened - you haven’t actually done anything wrong (since you have taken the break at the correct time), but you’ve recorded it incorrectly. It’s always easier to explain a mistake to an enforcement officer if you have a written record and the company might not see it is an infringement, or they may note it is a recording error rather than an insufficient break.
And if you think you’ve made a mistake, it’s better to check by way of a printout at the time, rather than waiting to see if the company’s analysis flags it up later.
F-reds:
The some versions of Tachographs will clear your breaks for this, others won’t.
Just like some will clear it if you mix POA and break to total 45 minutes.
Just like some will default to a different mode when you switch on the ignition.
You just need to know what one you’ve got, and what it might do to you, to avoid the large unrubberised, unlubricated, regs ■■■■■ being shoved up your keyster
DVSA wouldn’t be remotely interested in an infringement like this, or for things like running a few minutes over your time unless it became a pattern, and as for signing an infringement sheet then that doesn’t incriminate a driver at all, it simply shows that the operator is carrying out checks correctly and bringing them to the driver’s attention, which means that DVSA will tend to leave the operator to get on with it rather than placing them on Amber OCRS which they would if the operator wasn’t checking for compliance.
So after a bit of swearing and calling myself a thick [zb], I get the card back in, do a manual entry of break for the one minute the card was out and carry on the break. To my surprise, the tacho resumes the break and withing a few minutes I’m on 45. The drive time is also reset so I’m thinking result. 
No one will know what a dumb arse pratt I’ve been… 
