F-reds:
Harry that is why I used the winky face
I knew that, but lots of folk on here take things quite literally.
Harry Monk:
F-reds:
Harry that is why I used the winky faceI knew that, but lots of folk on here take things quite literally.
FFS I’ve been out winked
Well the plot thickens, or becomes almost as murky as Dippers ■■■ life…
Today I got invited in for an unscheduled stop at Sutton Scotney services by the nice DVSA men!
I say nice, but there was no tea and bikkies… 
Anyway, even though it was clearly an ADR check to fill their quoter’s they decided to scan/check my digicard! 
So fearing the worst and preparing myself to assume the brace position (whilst wondering if I’d get a reach-around! 
) I waited for my break infringement to pop up on their systems, as it’s not been 28 days as yet. But to my surprise I was told my card was clean and infringement free! 
So work that out people! 
Evil8Beezle:
Well the plot thickens, or becomes almost as murky as Dippers ■■■ life…Today I got invited in for an unscheduled stop at Sutton Scotney services by the nice DVSA men!
I say nice, but there was no tea and bikkies…Anyway, even though it was clearly an ADR check to fill their quoter’s they decided to scan/check my digicard!
So fearing the worst and preparing myself to assume the brace position (whilst wondering if I’d get a reach-around!So work that out people!
It is possible that they did see it but as there was nothing else wrong decided not make a mountain out of a molehill, have generally found VOSA ok if you pass the attitude test, then minor stuff tends to get overlooked or they may just point it out to you and take no action
mazzer:
It is possible that they did see it but as there was nothing else wrong decided not make a mountain out of a molehill, have generally found VOSA ok if you pass the attitude test, then minor stuff tends to get overlooked or they may just point it out to you and take no action
That did cross my mind, but I discounted it as they wrote on the paperwork that the card was clean…
Evil8Beezle:
mazzer:
It is possible that they did see it but as there was nothing else wrong decided not make a mountain out of a molehill, have generally found VOSA ok if you pass the attitude test, then minor stuff tends to get overlooked or they may just point it out to you and take no actionThat did cross my mind, but I discounted it as they wrote on the paperwork that the card was clean…
Because as Harry said, they wouldn’t be remotely interested in it, if everything else checks out. It’s also obvious it’s a mistake of some sort, without an explanation.
The DVSA are not stupid.
^ That ^
The Enforcer:
when you sign those infringements you are saying you both understand and agree with them,
No, you are signing to say that the alleged infringement has been brought to your attention. There is nothing to indicate that you either understand or accept it.
DVSA are only interested in anything that happened today or persistent offences over the last 28 days. They can only issue a penalty for something that is current - I.e committed today. Then there is a 15m tolerance so your 1 minute is of no interest even if you’d done it that day.
They will also look for more serious offences over the last 28 days. Four or more offences can equal a prosecution.
They found nothing they could act on and returned your card as clean.
dont worry about it just shuff it in and forget it
and if you get tug just tell them what happened and that
will be it so dont be to bothered if you have got nothing to hide
Roymondo:
The Enforcer:
when you sign those infringements you are saying you both understand and agree with them,No, you are signing to say that the alleged infringement has been brought to your attention. There is nothing to indicate that you either understand or accept it.
Yep, It’s purely an arse covering measure by the company, nothing else.
As Cavey pointed out, it won’t be a problem in a few years when I get myself a ‘special needs’ tacho.
[/quote]
theres a few of them getting used on a trial basis over here…( the trial part is after your caught)…
I got told off for not taking EEC wtd break after 6 hours duty. The truck was on bay at Sainsburys for about 2 hours with keys in warehouse and me locked out, so could not switch over. I stayed on bay for 30 mins once I got keys back but still got told off. NB I had warned goods in person that I would need break by certain time, but of course they were not interested in the slightest.
098Joe:
I got told off for not taking EEC wtd break after 6 hours duty. The truck was on bay at Sainsburys for about 2 hours with keys in warehouse and me locked out, so could not switch over. I stayed on bay for 30 mins once I got keys back but still got told off. NB I had warned goods in person that I would need break by certain time, but of course they were not interested in the slightest.
Should’ve had 15 m then…
098Joe:
I got told off for not taking EEC wtd break after 6 hours duty. The truck was on bay at Sainsburys for about 2 hours with keys in warehouse and me locked out, so could not switch over. I stayed on bay for 30 mins once I got keys back but still got told off. NB I had warned goods in person that I would need break by certain time, but of course they were not interested in the slightest.
This is exactly the situation (mode changed but unable to return to vehicle) where you should do a handwritten entry on a printout to correct the record.
But why not simply stick it on POA before you lock it up and hand in the keys?
Roymondo:
But why not simply stick it on POA before you lock it up and hand in the keys?
^^ This! this is exactly when you should be using your POA!
Ok we all know that you’re rarely going to be able to fulfil the “must know in advance the amount of time for it to be regarded as POA” but we all also know that this part is practically unenforceable/provable by either a road side check or a post analysis check.
Here’s the defining bit for using it in exactly your situation .
Examples of what Qualifies as a POA
The following examples qualify as a POA, as defined by the DfT.a. When a mobile worker experiences a delay at a regional distribution centre or depot, waiting for someone to load or unload their vehicle; if they know about the length of the delay at the start of the period (because someone has told them; because they have arrived too early for their slot or because they always experience a delay at one of their regular customers).
You could have jumped back in your wagon and chucked it on break for 15mins (like you did anyway) and you’d have been covered.
It was supposed to be drop and swap but no mt trailers were available. Any other day and I would have been tipped in about 15 minutes, not over 2 hours so no delay expected. 30 mins taken before moving for EEC regs (I take my 45s where I want to take them). Was going to do manual entry on print out, but tacho did not print out, I think I hit wrong button at end of shift. Was fairly p…d off by then as 14.5 hours done, so was not in mood for being told off and also expected to hang around for counselling with driver trainer in my own time. The ironic thing is that I only do odd weekends so classed as occasional driver and exempt from regs, but this is not recognised where I work because I don’t think they understand the rules so play it safe. Also think they don’t they appreciate agency limpers point out the correct rules to them.
098Joe:
It was supposed to be drop and swap but no mt trailers were available. Any other day and I would have been tipped in about 15 minutes, not over 2 hours so no delay expected. 30 mins taken before moving for EEC regs (I take my 45s where I want to take them). Was going to do manual entry on print out, but tacho did not print out, I think I hit wrong button at end of shift. Was fairly p…d off by then as 14.5 hours done, so was not in mood for being told off and also expected to hang around for counselling with driver trainer in my own time. The ironic thing is that I only do odd weekends so classed as occasional driver and exempt from regs, but this is not recognised where I work because I don’t think they understand the rules so play it safe. Also think they don’t they appreciate agency limpers point out the correct rules to them.
What if they were thinking; why didn’t this limper put his tacho on POA before he handed his keys in?
It is certainly not an infringement. A card does not need necessarily to be in a recorder to show REST OR BREAK. After all when you are on weekly rest or even quite often Daily Rest the card will not be in the recorder. On a break or rest you have to be able to dispose of your own time. Providing it is not something that you are Legally or contractually required to do then you are disposing as per the regs.
Accidently ejecting a card is not an infringement but the main problem is likely the Tacho settings which may have defaulted to OTHER WORK OR POA on reinsertion and this would likely cause the analysis system to show that the break was interrupted as analysis systems look at Digiatal data differently than the limited capability of a Digital Tachographs - especially depending on the age of the Tacho.
A print out at worst but TBH that would be a waste of paper IMO!
shep532:
DVSA are only interested in anything that happened today or persistent offences over the last 28 days. They can only issue a penalty for something that is current - I.e committed today. Then there is a 15m tolerance so your 1 minute is of no interest even if you’d done it that day.They will also look for more serious offences over the last 28 days. Four or more offences can equal a prosecution.
They found nothing they could act on and returned your card as clean.
What RDC waiting room did you hear this in, or did you read it on one of those leaflets being handed out in Lymm?
Evil8Beezle:
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?
You are a criminal! I’m going to report you to the nearest Criminal Officer for investigation!