Has this guy asked the company for all info on why they think he was driving the vehicle?
Was he at work that day what was he driving?
It could be for example being at work and being out in a van therefore the company should have records of who was driving the vehicle at the time.
There are a lot of scenarios again it could be he has driven without his card in but surely the company would have picked up on that already.
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I would imagine that tachos cannot provide one an alibi, for instance “Look, I was driving at this time on this date, therefore I couldn’t have been bumping someone off in Docklands in the 7.5t area whilst I was…”
Tachos - don’t tell any data as to where you ARE at any point.
Tachos - don’t prove that you were driving at any time, as the date could be altered on the vehicle digi unit.
Tachos - don’t prove that someone else is guilty of anything neither.
On the other hand, if you are in court accused of being on duty 6hours 4 minutes without a break, or 4hrs 35 continuous driving or 15hrs 10minutes on shift…
They’d prove your innocence, but on the other hand - surely no court in the land would piffle about with such a court-based case against one in the first place.■■?
IIRC When tachos were first introduced, they could be used in defense BUT not for prosecution
Winseer:
I would imagine that tachos cannot provide one an alibi, for instance “Look, I was driving at this time on this date, therefore I couldn’t have been bumping someone off in Docklands in the 7.5t area whilst I was…”Tachos - don’t tell any data as to where you ARE at any point.
Tachos - don’t prove that you were driving at any time, as the date could be altered on the vehicle digi unit.
Tachos - don’t prove that someone else is guilty of anything neither.On the other hand, if you are in court accused of being on duty 6hours 4 minutes without a break, or 4hrs 35 continuous driving or 15hrs 10minutes on shift…
They’d prove your innocence, but on the other hand - surely no court in the land would piffle about with such a court-based case against one in the first place.■■?
While you’re right in saying a tacho doesn’t prove where you are, you’d be hard pressed to find a vehicle with a tacho fitted that doesn’t also have some sort of GPS tracking system. Use the tacho to prove who was driving, use the tracker to prove where
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Terry Cooksey:
Winseer:
I would imagine that tachos cannot provide one an alibi, for instance “Look, I was driving at this time on this date, therefore I couldn’t have been bumping someone off in Docklands in the 7.5t area whilst I was…”Tachos - don’t tell any data as to where you ARE at any point.
Tachos - don’t prove that you were driving at any time, as the date could be altered on the vehicle digi unit.
Tachos - don’t prove that someone else is guilty of anything neither.On the other hand, if you are in court accused of being on duty 6hours 4 minutes without a break, or 4hrs 35 continuous driving or 15hrs 10minutes on shift…
They’d prove your innocence, but on the other hand - surely no court in the land would piffle about with such a court-based case against one in the first place.■■?While you’re right in saying a tacho doesn’t prove where you are, you’d be hard pressed to find a vehicle with a tacho fitted that doesn’t also have some sort of GPS tracking system. Use the tacho to prove who was driving, use the tracker to prove where
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That’s two seperate bits of evidence there, which once seperated (i.e. not taken off the same computer at the same time) - is no longer valid for proof, which they both wouldn’t be on their own anyways…
“This tacho proves the driver, but not the place” Sorry bud, there’s no location data with this…
“This pootah shows the location of that vehicle” - but no disclosure was made when we asked for the full data file, to protect the data of all the other drivers on that database.
If you cannot connect the two in a way that satisfies the court that the data both came from the same source, eg. the same office desktop PC running both say, Isotrac and Tacho Data downloads - they both represent circumstancial evidence at best. Either side can be faked by a false data entry on either of the seperate devices, Eg. someone setting the clock to the wrong time in the truck, or someone changing, deleting, or moving the data on the PC…
The location provider - would HAVE to be built-in to the tacho unit to then become “irrefutable evidence” as to who’s driving AND where they are/were.
Winseer:
That’s two seperate bits of evidence there, which once seperated (i.e. not taken off the same computer at the same time) - is no longer valid for proof, which they both wouldn’t be on their own anyways…“This tacho proves the driver, but not the place” Sorry bud, there’s no location data with this…
“This pootah shows the location of that vehicle” - but no disclosure was made when we asked for the full data file, to protect the data of all the other drivers on that database.If you cannot connect the two in a way that satisfies the court that the data both came from the same source, eg. the same office desktop PC running both say, Isotrac and Tacho Data downloads - they both represent circumstancial evidence at best. Either side can be faked by a false data entry on either of the seperate devices, Eg. someone setting the clock to the wrong time in the truck, or someone changing, deleting, or moving the data on the PC…
The location provider - would HAVE to be built-in to the tacho unit to then become “irrefutable evidence” as to who’s driving AND where they are/were.
If only “Jackanory” were to be reinstated on our screens…
So much energy, and imagination, being wasted here.
You/he/a driver can present whatever he wishes to as evidence. It would be up to the Court to decide whether it was admissible and what weight to give to it. It seems mighty strange to me that a company would identify someone as being the driver of a particular vehicle at a particular time/date if his tacho records show that he was using a different vehicle at that point in time.
Terry Cooksey:
Winseer:
I would imagine that tachos cannot provide one an alibi, for instance “Look, I was driving at this time on this date, therefore I couldn’t have been bumping someone off in Docklands in the 7.5t area whilst I was…”Tachos - don’t tell any data as to where you ARE at any point.
Tachos - don’t prove that you were driving at any time, as the date could be altered on the vehicle digi unit.
Tachos - don’t prove that someone else is guilty of anything neither.On the other hand, if you are in court accused of being on duty 6hours 4 minutes without a break, or 4hrs 35 continuous driving or 15hrs 10minutes on shift…
They’d prove your innocence, but on the other hand - surely no court in the land would piffle about with such a court-based case against one in the first place.■■?While you’re right in saying a tacho doesn’t prove where you are, you’d be hard pressed to find a vehicle with a tacho fitted that doesn’t also have some sort of GPS tracking system. Use the tacho to prove who was driving, use the tracker to prove where
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The tacho simple proves whose card is in at the time. Not who was driving.
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Winseer:
Terry Cooksey:
Winseer:
I would imagine that tachos cannot provide one an alibi, for instance “Look, I was driving at this time on this date, therefore I couldn’t have been bumping someone off in Docklands in the 7.5t area whilst I was…”Tachos - don’t tell any data as to where you ARE at any point.
Tachos - don’t prove that you were driving at any time, as the date could be altered on the vehicle digi unit.
Tachos - don’t prove that someone else is guilty of anything neither.On the other hand, if you are in court accused of being on duty 6hours 4 minutes without a break, or 4hrs 35 continuous driving or 15hrs 10minutes on shift…
They’d prove your innocence, but on the other hand - surely no court in the land would piffle about with such a court-based case against one in the first place.■■?While you’re right in saying a tacho doesn’t prove where you are, you’d be hard pressed to find a vehicle with a tacho fitted that doesn’t also have some sort of GPS tracking system. Use the tacho to prove who was driving, use the tracker to prove where
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That’s two seperate bits of evidence there, which once seperated (i.e. not taken off the same computer at the same time) - is no longer valid for proof, which they both wouldn’t be on their own anyways…
“This tacho proves the driver, but not the place” Sorry bud, there’s no location data with this…
“This pootah shows the location of that vehicle” - but no disclosure was made when we asked for the full data file, to protect the data of all the other drivers on that database.If you cannot connect the two in a way that satisfies the court that the data both came from the same source, eg. the same office desktop PC running both say, Isotrac and Tacho Data downloads - they both represent circumstancial evidence at best. Either side can be faked by a false data entry on either of the seperate devices, Eg. someone setting the clock to the wrong time in the truck, or someone changing, deleting, or moving the data on the PC…
The location provider - would HAVE to be built-in to the tacho unit to then become “irrefutable evidence” as to who’s driving AND where they are/were.
Actually no.
So long as the evidential chain is complete in terms of handling the data
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Roymondo:
You/he/a driver can present whatever he wishes to as evidence. It would be up to the Court to decide whether it was admissible and what weight to give to it. It seems mighty strange to me that a company would identify someone as being the driver of a particular vehicle at a particular time/date if his tacho records show that he was using a different vehicle at that point in time.
Indeed
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Monkey241:
Terry Cooksey:
Winseer:
I would imagine that tachos cannot provide one an alibi, for instance “Look, I was driving at this time on this date, therefore I couldn’t have been bumping someone off in Docklands in the 7.5t area whilst I was…”Tachos - don’t tell any data as to where you ARE at any point.
Tachos - don’t prove that you were driving at any time, as the date could be altered on the vehicle digi unit.
Tachos - don’t prove that someone else is guilty of anything neither.On the other hand, if you are in court accused of being on duty 6hours 4 minutes without a break, or 4hrs 35 continuous driving or 15hrs 10minutes on shift…
They’d prove your innocence, but on the other hand - surely no court in the land would piffle about with such a court-based case against one in the first place.■■?While you’re right in saying a tacho doesn’t prove where you are, you’d be hard pressed to find a vehicle with a tacho fitted that doesn’t also have some sort of GPS tracking system. Use the tacho to prove who was driving, use the tracker to prove where
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The tacho simple proves whose card is in at the time. Not who was driving.
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True but Kronos information if used for clocking in and out again would prove you were at work, again any other evidence to say you were at work/not at work on that day like tacho printout etc. Other driver/office staff testimonials as well. Any corrorberating evidence to show it was you at work and using your card in that truck, CCTV footage from work car park, microlise or other tracker info and trio sheet and check sheet etc. All that can requested to prove one or the way other.
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Roymundo, you are right, to the op who stated that someone could have changed the time on the tacho head, you can only change local time, the correcttime would show up on the printout as UTC time and that can only be changed at an approved tacho centre.
I’ll see if I can get an update on the problem soon.
Sapper