I’m a new driver ( 6 months) and have worked mainly for agency in that time before landing a job in general haulage 2 months ago ( class 2).
Basically on Friday I was brought into the office and shown 3 counts of driving without tacho.
One - driving a few miles home and then putting tacho in ( I had forgotten it)
Two - a 16 mile drive with no tacho
Three - a 60 mile drive with no tacho.
I was told to write a statement and sign for each offence and told the director they were genuine mistakes- i did not gain financially or avoid a night out. I had no reason for it- I was just stupid and probably trying to impress ( they all took place in first 2 weeks of job).
They said that they had just sacked 3 people for tacho offences and put 7 ( including me ) on final warnings. However he went on to say that if Dvsa requested the info then he was legally obliged to hand over my statements - he said it was “ serious ■■■■” and i may go to jail”.
Obviously since these 3 offences in August I have not even had an infringement / any offence.
What I’m wondering now is how long into the future can I be prosecuted ( is walking around with the rest of my life with this over hanging me ). And is it likely I will go jail if so?
Absolute nonsense, failure to use a tachograph is a Level 5 offence with a maximum fine of £5,000 although it is highly unlikely that DVSA would view these as anything other than rookie mistakes.
Thanks for your quick reply. The only detail I did miss was on the 60 mile drive they said I had “ fraudulently pulled” the card. I said I could not remember the details but I assured them I did not do it deliberately to benefit myself at all. I just had no other explanation other than stupidity. I still nighted out, I was within my diving time and working time- there was just no reason other than my own stupidity of which I have learned from now - which I wrote on the statement.
Jail for a tachometer offence!!! Hahahahahahahhahahahahahahahahahahahhahahahahahahahahahahhahabhahahhahhahahahahahhahahahahhahahahhahahhahahhahahhahahhahhahahahahhahahah!!!
Jail time it aint. It is serious, and affects both you, and the operator if they dont tell you off for it.
If you carry on keeping everything clean and above board, you shouldnt fret too much about it. Have a string of other infractions and it will affect any decision on whether or not to prosecute you. Dont stress, but don`t forget it. Learn and move on.
One question though: wasnt the head unit or dash flashing up warnings? Different trucks/tachos etc, but when Ive moved one without a card in, it has been clear summats upsetting the truck.
It’s quite an old truck as obviously as a new driver/new guy they give me the oldest one in the fleet which is fair enough.
No signs flashed up but they did also say the tacho clock “ was an hour behind” which they fixed in their garage.
The 60 mile was done at the end of shift around 8pm when I had pulled up and was going to stay for the night and then decided to drive further north. But I did have driving time and working time more than enough to do it. I had just taken the b******* card out.
I had never done nights out before and I didn’t know your supposed to leave your tacho in all night as opposed to putting it on break and leaving it in all night! Which I obviously know now.
They said they think I was trying to avoid paying at a services- which 100% was not true but they wouldn’t believe me and thought I was trying to ■■■■■■■■ them. He said he had been doing it for years and seen it all before. But hand on heart that wasn’t what I was trying to do!
Jlrl88:
It’s quite an old truck as obviously as a new driver/new guy they give me the oldest one in the fleet which is fair enough.
No signs flashed up but they did also say the tacho clock “ was an hour behind” which they fixed in their garage.
The 60 mile was done at the end of shift around 8pm when I had pulled up and was going to stay for the night and then decided to drive further north. But I did have driving time and working time more than enough to do it. I had just taken the b******* card out.
I had never done nights out before and I didn’t know your supposed to leave your tacho in all night as opposed to putting it on break and leaving it in all night! Which I obviously know now.
They said they think I was trying to avoid paying at a services- which 100% was not true but they wouldn’t believe me and thought I was trying to [zb] them. He said he had been doing it for years and seen it all before. But hand on heart that wasn’t what I was trying to do!
The tacho won’t have been “an hour behind”, it will have been set to UTC, or GMT and they won’t have been able to “fix” that in their garage unless they are an authorised tachograph facility, and if they were they would know it should be set to UTC.
Don’t understand the thing about “avoiding paying in a services”, it’s their truck so they pay the parking. It sounds to be for more than one reason that they are a crock of crap anyway so I’d think about moving on.
You’ve been driving for 6 months, didn’t the agency ever pull you up for infringements?
Why all in august, what’s the difference working for this company?
What’s been going on in the company if they’ve just sacked 3 drivers and put 7 more on final warnings for tacho offences?
Finally these are serious offences, better to make an error with a card in than not have a card in, but prison no, well not unless you smack the TC while having a chat over tea and biscuits.
Basically what lead to all this was one of the firms drivers was pulled by dvsa at roadside. They did an investigation on the entire firm and about half the work force was pulled in office for disciplining after they realised the extent of offences. Me unfortunately being on of them. Your right I have made stupid offence but all I can say is it was genuine. In terms of the agency - I never once had my card checked in 4 months of driving for them! I didn’t even know it was a actual process. until I started at this haulage firm. I have never tried to con anyone - but thank you all for your comments. Been very helpful for me as new driver.
You made a naive stupid mistake don’t do it again and move on.
Your firm sounds like the type who try and brainwash you into taking all this drivers regs ■■■■■■■■ far too serious, by making you believe they and DVSA own you because you hold a hgv licence.
You’re gone through their petty bloody disciplinary procedure, like a good little schoolboy, you’ve explained and apologised, they are happy so job done…end of.
Nobody died in the process of your ■■■■ up…, if they had only then would you have been in deep ■■■■, so learn from it.
I doubt there’s a driver here who hasn’t at least once got half a mile up the road on a dark wet morning before they wondered what all the flashing on the tacho was about then realised to their horror they hadn’t put the card in, that’s a mistake but one you make once in a blue moon.
However a 16 and 60 mile drive without a tacho after removing it is a different kettle of fish altogether, driving on for best part of an hour after removing the card would be viewed as deliberate flouting of the law by DVSA officers.
Company sounds a right shambles, sooner or later DVSA will have a good reason to investigate and the crap will spread wide and far when that fan gets hit, if yours was a written warning jobbie just what were the sacked bods up to
If you haven’t already left i’d bugger off elsewhere if i was you and start taking the rules and regs seriously.
Jlrl88:
Basically what lead to all this was one of the firms drivers was pulled by dvsa at roadside. They did an investigation on the entire firm and about half the work force was pulled in office for disciplining after they realised the extent of offences. Me unfortunately being on of them. Your right I have made stupid offence but all I can say is it was genuine. In terms of the agency - I never once had my card checked in 4 months of driving for them! I didn’t even know it was a actual process. until I started at this haulage firm. I have never tried to con anyone - but thank you all for your comments. Been very helpful for me as new driver.
I’m surprised about the agency or the companies you were sent to not wanting cards downloaded, its basic compliance. The agencies I’ve worked for insisted on having cards for analysis in the days of discs and then with digital tacho’s companies I was sent downloaded my card after a shift, any infringements would be sent to me via the agency.
The company I worked through for the agency didn’t seem to give a ■■■■. I basically had to turn up to a car park to collect a loaded vehicle from another driver who had driven it there from out of the area and then do drops from it all day in my local area. The vehicles that turned up everyday were terrible - held together with black tape and bits falling off constantly everywhere. I never saw any form of boss or supervisor - let alone an office - just a list of drops on the dash to deliver that day!
I knew it was a ■■■■ job but obviously did it as it was a start and experience.
assuming its not weekend fishing,then onwards and upwards.
there will be no grief apart from frowning and finger wagging from vostapo,just make sure you pass the attitude test when stopped.
bail out and never return to the company,and get a proper job elsewhere pronto as the 1st drivers to get the chop from vosa will be the ones still working there.
Jlrl88:
Cheers. Definitely no wind up. I’ve just been very naive clearly.
naive and stupid, still can’t work out what possessed you to take your card out and drive on, even our drivers mates who don’t even have a car license know that’s a big no-no. As Juddian said you need to start taking drivers hours regs more seriously or it’ll land you in it. I don’t mean like some on here panicking because they’ve done 2mins over a 10hr drive but just be aware of things and if you make an error, come clean about it and don’t try to hide it or it’ll snowball into much worse. It’s never worth deliberately fiddling, I’m running on analogue so could get away with a lot more than digi drivers but what’s the point? Learn from this, keep your records clean and in order and find a better employer, sounds like that lot are in line for being shut down if they carry on like they are.
