Here is a good one for you…
My squeeky clean tacho record has been “smeared” and it appears I have an infringment for driving over the 4.5hours 
(by 2min!) on the paper charts.
I refused to sign the notice from the transport office until I’ve seen the tacho chart in question thats been used/against the infringment - as its been known in the office that the scanner picks up another mark (or the print on the chart and mistakes it for another mode)
So, was I right or wrong - as I still waiting to see the actual chart 7 days later…
I had an Infringement last year and it came back interuption to power supply ( I had a new.battery put on out on the road ). Anyway was told to sign for it but didn’t and the T. M got involved and he said no it’s not an infringement, so maybe worth fighting it but I’m not sure quite what you might be able to achieve.
An agency I used to work for twice gave me infringements for exceeding the 10 hours night workers limit, on both occasions I refused to sign and had to remind two of the retards in the office (the compliance manager and a general manager) that we were opted out of that part of the WTD so it couldn’t possibly be an infringement
Any time you feel you’re being given an infringement wrongly you should not sign it until you’ve seen the relevant documentation in my opinion.
Had one recently for 4hrs 31mins driving which I refused to sign. Why? Because I remembered the instance they were talking about and how happy I was when I pulled up and switched it on to break at 4 hrs 30 according to the readout.
44 Tonne Ton:
Had one recently for 4hrs 31mins driving which I refused to sign. Why? Because I remembered the instance they were talking about and how happy I was when I pulled up and switched it on to break at 4 hrs 30 according to the readout.
You was lucky to get away with refusing to sign that, driving time for the EU regulations is defined as what’s recorded on the tachograph as driving, so if you stop at 4:30 driving time then the tachograph clicks over to 4:31 you’ve done 4 hours 31 minutes driving.
tachograph:
44 Tonne Ton:
Had one recently for 4hrs 31mins driving which I refused to sign. Why? Because I remembered the instance they were talking about and how happy I was when I pulled up and switched it on to break at 4 hrs 30 according to the readout.
You was lucky to get away with refusing to sign that, driving time for the EU regulations is defined as what’s recorded on the tachograph as driving, so if you stop at 4:30 driving time then the tachograph clicks over to 4:31 you’ve done 4 hours 31 minutes driving.
But the infringements companies get you to sign don’t really mean much anyway. Ok, it makes you aware if you weren’t already that you’ve gone over your hours but unless you get stopped by Vosa on a bad day they’re unlikely to do you for going over by a couple of minutes
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matt3903:
tachograph:
44 Tonne Ton:
Had one recently for 4hrs 31mins driving which I refused to sign. Why? Because I remembered the instance they were talking about and how happy I was when I pulled up and switched it on to break at 4 hrs 30 according to the readout.
You was lucky to get away with refusing to sign that, driving time for the EU regulations is defined as what’s recorded on the tachograph as driving, so if you stop at 4:30 driving time then the tachograph clicks over to 4:31 you’ve done 4 hours 31 minutes driving.
But the infringements companies get you to sign don’t really mean much anyway. Ok, it makes you aware if you weren’t already that you’ve gone over your hours but unless you get stopped by Vosa on a bad day they’re unlikely to do you for going over by a couple of minutes
You think infringements don’t mean much, that may be true with some companies but on some companies you can be facing disciplinary action for getting too many infringements and if the infringements continue it can lead to you being dismissed.
It doesn’t matter whether VOSA would do you or not, the company have a legal obligation to make you aware of any wrong doing and infringements are the way it’s done.
The fact that Mr Ton only went over the driving time by one minute doesn’t stop it being an infringement so it’s the companies responsibility to ensure that he’s aware of it and knows why it happened.
Having said that, the fact that it’s only one minute and clearly not done deliberately is possibly the reason why the company let it go.
I have to say though that it is frustrating when you get an infringement for the tachograph clicking over to the next minute after you’ve stopped, I know 
Point taken 
Happened to me again last week, stopped on 4:29, put on break and then it flashed up saying drive time exceeded 4:31 
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I aim to have my breaks at 4hrs driving time - it saves a lot of sweating and worrying if you’ll find somewhere to park. Our place has a points system and drag you in for retraining if you get too many infringements. If the retraining doesn’t work they start on disciplinary measures.
With things being as they are the last thing I need are marks against my name.
By using my 4hr rule I have only had 3 infringements in 2 years and they were for stupid things and weather related incidents (snow)
An update to this:
Looking at the chart on the tacho master screen it appears that I have had 44 min break for my 1st break and got busted FFS - naaaahhhh!.. (trust me not to set the alarm on that day considering I’ve been using digi trucks for months prior to this day on a disc chart)
so it did show up as 4:32 driving before taking another 40min tea break 
.
Oh well, strugged my shoulders and signed the sheet to take the hand slapping… 1st infringment in 6 years of truck driving career. best crack on and learn not to make that mistake again.
Does this mean I best be a very good boy for the next 11 months or something? (chart is outside the 28 day holding reg’s - so I have to presume that VOSA could if they wanted to see charts from 12 months prior or something?)
tachograph:
matt3903:
tachograph:
44 Tonne Ton:
Had one recently for 4hrs 31mins driving which I refused to sign. Why? Because I remembered the instance they were talking about and how happy I was when I pulled up and switched it on to break at 4 hrs 30 according to the readout.
You was lucky to get away with refusing to sign that, driving time for the EU regulations is defined as what’s recorded on the tachograph as driving, so if you stop at 4:30 driving time then the tachograph clicks over to 4:31 you’ve done 4 hours 31 minutes driving.
But the infringements companies get you to sign don’t really mean much anyway. Ok, it makes you aware if you weren’t already that you’ve gone over your hours but unless you get stopped by Vosa on a bad day they’re unlikely to do you for going over by a couple of minutes
You think infringements don’t mean much, that may be true with some companies but on some companies you can be facing disciplinary action for getting too many infringements and if the infringements continue it can lead to you being dismissed.
It doesn’t matter whether VOSA would do you or not, the company have a legal obligation to make you aware of any wrong doing and infringements are the way it’s done.
The fact that Mr Ton only went over the driving time by one minute doesn’t stop it being an infringement so it’s the companies responsibility to ensure that he’s aware of it and knows why it happened.
Having said that, the fact that it’s only one minute and clearly not done deliberately is possibly the reason why the company let it go.
I have to say though that it is frustrating when you get an infringement for the tachograph clicking over to the next minute after you’ve stopped, I know
Mr Ton was informed by the infernal machine at the time of the alleged infringement that he had been successful in complying with the law by stopping driving and switching over to break at precisely 4 hours and 30 minutes! On this basis Mr Ton refused to sign for the alleged infringement when presented with it some time later. Mr Ton was neither cautioned or fined nor was he warned as to his future conduct. HTH! 
44 Tonne Ton:
Mr Ton was informed by the infernal machine at the time of the alleged infringement that he had been successful in complying with the law by stopping driving and switching over to break at precisely 4 hours and 30 minutes! On this basis Mr Ton refused to sign for the alleged infringement when presented with it some time later. Mr Ton was neither cautioned or fined nor was he warned as to his future conduct. HTH!
Doesn;t help at all. You’ve either done 4.30, no infringment or 4.31 and you have an infringement. Not sure how they can look at it again and get a different figure. Its something i’d like to understand.