I recieved a letter from VOSA today saying that i need to attend a voluntary interview, apparently my tacho’s have been summited and analysed and apparent offences have been commited during Oct 05.
I didnt know i had commited any offences and to be honest i’m getting worried what might happen to me.! i’ve been driving Class 2 since Jan 05 for my firm. Surely if i had commited any offences should my boss have told me! Instead i get this letter.
So please can you give me some advice on what to do.
If your Boss hasn’t been checking the disc’s then he may not have been aware of any errors. Sounds like VOSA did a check on all the company tachos for the month of October and this could be as much a surprise to your boss as it is to you. It shouldn’t be a surprise to the boss as he should be checking but …
No idea to be honest without knowing what the infringements are. Depends on the number, and the seriousness of the offences. Without wanting to worry you unduly, but you did ask, it could range from a talking to, giving advice on where you have gone wrong, to a fine and/or suspension of your licence for a period.
Do the words ‘need’ and ‘voluntary’ here not seem to be contradictory?
It may well be that they are giving you a chance to front up for a bit of wrist-slapping, in other words the offences are not that serious.
Don’t want to raise your hopes up though and I would definitely make the appointment, voluntary or otherwise. Seems to me that not to go would be a definite prosecution, whereas there is at least a hope of lenient treatment if you do go.
something like this usually happens after VOSa or the Police have looked at charts at an operators and found what they think could be problems. They are oblidged to draw your attention to the (potentail) problems. It’s upto you if you want to go along to meet with them or not. It’s quite likely that an interview under ‘caution’ will take place. You can have your solicitor there, but the Police / VOSA aren’t required to pay for them to be there. You could take somebody along with you if you want. It’s also up to you if you want to answer question after being cautioned, or not. There is no easy answer to this one. But Police / VOSA can still take the matter to court if you go ‘no comment’ throughout the interview. It would then be upto the magistrates if they want to listen to your answers in court, as you could have given the information earlier, at the interview.
May be best to go along and at least find out what it’s all about. By the Way ; Good Luck
I recieved a letter from VOSA today saying that i need to attend a voluntary interview, apparently my tacho’s have been summited and analysed and apparent offences have been commited during Oct 05.
I didnt know i had commited any offences and to be honest i’m getting worried what might happen to me.! i’ve been driving Class 2 since Jan 05 for my firm. Surely if i had commited any offences should my boss have told me! Instead i get this letter.
So please can you give me some advice on what to do.
Regards Ady
How did they get your address, surely all they had was a name on a Tacho. Your boss must have known, something.
Well i went for the interview and was told that i had insuffient breaks on two occasions, The two tacho’s he pulled out i had indeed gone over my 4 and half hour, but i wrote on the back stating why because i was in central london at the time. i even told my boss at the time. Well this was months ago and today i recieved a letter telling me i’m up at court on the 12 july for these two offences.
Seems a bit harsh, I would have thought a formal warning would have been more in keeping with the nature of the offence. I guess it depends on by how much you were over. You could be looking at a fine and/or a suspension of your LGV licence.
From the VOSA site.
Drivers Hours and Tachograph Rules Offences
12. The drivers hours and tachograph rules and regulations are set out in EEC Regulations 3820/85 and 3821/85 and set the standard for the limits of work which can be undertaken by such drivers and establish the ways in which drivers must comply with the recording requirements. The Commissioners take particular account of the fact that these rules are designed to ensure road safety, to protect drivers from fatigue and from exploitation by unscrupulous employers as well as to protect other road users from the consequences, which can flow from tired drivers driving commercial goods and passenger vehicles. Commissioners expect vocational licence holders fully to acquaint themselves with the relevant legislation before undertaking employment as a “professional driver” of commercial goods or passenger vehicles. Furthermore vocational licence holders are reminded that free advice and assistance on the relevant legislation and free written guides are available from the Vehicle Inspectorate and Traffic Area Offices. Indeed the Trade Associations and Trade Publications also offer a wealth of advice to drivers on their obligations as professional drivers.
A) Driver’s hour’s offences committed on infrequent or isolated occasions. A formal warning together with an assurance that the driver will acquaint him or herself with the driver’s hours rules. In certain cases this warning will be in written form from the Traffic Commissioner and in certain cases it will be necessary for the driver to appear at a conduct hearing before the Commissioner. Commissioners would wish to stress that mitigation to the effect that the offence was ‘just over’ the limit is unlikely to be seen as a reasonable excuse: professional drivers have a duty to keep within the law.
B) Persistent and/or habitual transgressions of drivers’ hour’s offences. A minimum of 4-week suspension period, to be increased in accordance with the number of offences found.
Well the court date was last wed, and i pleaded guilty by letter, i got £50 fine and £100 court costs, for driving 34 minutes over the 4 1/2 hours, i even wrote on the back of the tacho to explain why i couldnt stop as i was in London city centre and couldnt safe park.
Anyway its done now and i’m no longer in the HGV business and i don’t miss it one bit, i bought my own minibus and and gone into partnership with my brother more money considerable less hours. .
it could range from a talking to, giving advice on where you have gone wrong, to a fine and/or suspension of your licence for a period.
