mickymidas:
Why do you take your card out if on night out anyway ?
The few nights out I’ve done I’ve always left my card in to record the full rest period .
I was told after I got done by dvsa by our compliance officer who deals with dvsa that my card was to go in first thing Monday and not come out until last thing on a Friday when I finished , even if I was at a company yard , they wernt allowed to use the truck as my card was not to be taken out the tacho .
3 yrs on it works for me , anything I do is recorded on that card , that’s what compliance officer said when I queried leaving card to n at night , vosa , dvsa want to see all your activities recorded on your card , your not trying to hide anything , even if you leave it on the wrong mode it’s recorded on the card , you’re u write on a printout out , you move in night ,it’s recorded on card , you’ll still get a fine , but if cards out theyl deem it your trying to hide something .up to something , there’s always that temptation when the cards not in
It’s you’re choice
Madison5:
When legally in control of a vehicle your driver card should be within the tachograph unit
Where does the regulations stipulate this?
So every driver on N/O who pulls card is acting illegally ?
DVSA must have missed a trick with all these fines they could issue
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It doesn’t matter whether you pull the card/disc or leave it in, what matters is the movement during a rest period, The DVSA are not missing any tricks, the driver drove(was in control of) without a card and he didn’t take a full rest period.
I got a fixed penalty £100 at Seaforth Docks for driving 25 minutes over my time
It was Cheshire police who were doing the checks along with Vosa
I’ve been moaning about the fine, but I must have been lucky to only get £100
compared with £300 this driver got.
Intake/l39:
I got a fixed penalty £100 at Seaforth Docks for driving 25 minutes over my time
It was Cheshire police who were doing the checks along with Vosa
I’ve been moaning about the fine, but I must have been lucky to only get £100
compared with £300 this driver got.
Cheshire v Inverness.
It’s a wonder the polis didn’t try to prosecute him for driving under the influence too!
you should keep your mouth closed, never offer any law enforcement any information … the caution says it all,
it may harm your defence if you do not mention … blah blah … should of said I don’t know boss, I was away from the truck on rest hence the card was out .
…
Do not trust any law enforcement officer, and I say that from a law enforcement background and current serving Officer here in NSW.
Intake/l39:
I got a fixed penalty £100 at Seaforth Docks for driving 25 minutes over my time
It was Cheshire police who were doing the checks along with Vosa
I’ve been moaning about the fine, but I must have been lucky to only get £100
compared with £300 this driver got.
Luck doesn’t really come into it, the fixed penalty for exceeding the daily driving time by between 15 minutes and 1 hour is £100, the fixed penalty for failing to use the tachograph is £300.
Intake/l39:
I got a fixed penalty £100 at Seaforth Docks for driving 25 minutes over my time
It was Cheshire police who were doing the checks along with Vosa
I’ve been moaning about the fine, but I must have been lucky to only get £100
compared with £300 this driver got.
Cheshire v Inverness.
It’s a wonder the polis didn’t try to prosecute him for driving under the influence too!
How, he would of had to of taken a breath test, wihout factual evidence , the police can’t do jack …
discoman:
you should keep your mouth closed, never offer any law enforcement any information … the caution says it all,
it may harm your defence if you do not mention … blah blah … should of said I don’t know boss, I was away from the truck on rest hence the card was out .
…
Do not trust any law enforcement officer, and I say that from a law enforcement background and current serving Officer here in NSW.
we’ve now got a serving law enforcement officer telling us not to trust any law enforcement officer
mickymidas:
Why do you take your card out if on night out anyway ?
The few nights out I’ve done I’ve always left my card in to record the full rest period .
I was told after I got done by dvsa by our compliance officer who deals with dvsa that my card was to go in first thing Monday and not come out until last thing on a Friday when I finished , even if I was at a company yard , they wernt allowed to use the truck as my card was not to be taken out the tacho .
3 yrs on it works for me , anything I do is recorded on that card , that’s what compliance officer said when I queried leaving card to n at night , vosa , dvsa want to see all your activities recorded on your card , your not trying to hide anything , even if you leave it on the wrong mode it’s recorded on the card , you’re u write on a printout out , you move in night ,it’s recorded on card , you’ll still get a fine , but if cards out theyl deem it your trying to hide something .up to something , there’s always that temptation when the cards not in
It’s you’re choice
You don’t leave your truck parked up with your card in, do you?
Effectively, this would allow anyone who drives the truck when you aren’t about to count their driving time as yours.
Intake/l39:
I got a fixed penalty £100 at Seaforth Docks for driving 25 minutes over my time
It was Cheshire police who were doing the checks along with Vosa
I’ve been moaning about the fine, but I must have been lucky to only get £100
compared with £300 this driver got.
Luck doesn’t really come into it, the fixed penalty for exceeding the daily driving time by between 15 minutes and 1 hour is £100, the fixed penalty for failing to use the tachograph is £300.
What’s the penalty for exceeding it by under 15 mins?
I only ask as I’ve had to pull in for a 45 before when I’d have only gone 5-10 over getting back.
dozy:
Id love to know how you got a £300 on the spot fine for driving without a card in and I had to appear at a magistrates court and pay a £776 fine & get a caution from the t/ c for driving without a card in
I’d bet my last pound you pulled yours on the public highway, on a Friday, 15 minutes from your yard and not for a 500 yard shunt on private land.
We have rest periods which is an uninterrupted period of time where the driver is freely available to do as he wishes provided of course that it does not mean driving an hgv.
The fact that it was private land is irelevant. I feel really sorry for you as you have been made a victim of an agency that are essentially self funding and you are a source of income.
Any police officer will say that people land themselves in trouble not because of what they have done but because of what they say they have done…a big difference.
Next time leave the tacho card out unless you drive on the road.
dozy:
Id love to know how you got a £300 on the spot fine for driving without a card in and I had to appear at a magistrates court and pay a £776 fine & get a caution from the t/ c for driving without a card in
I’d bet my last pound you pulled yours on the public highway, on a Friday, 15 minutes from your yard and not for a 500 yard shunt on private land.
well your now penniless because it was at the traffic lights at the entrance to our yard at Dagenham on a week day not at my yard on a Friday ( even dvsa solicitor said all he was trying to do was park up for night , he didn’t gain anything finicialy , or time / distance wise ) he went from Elephant & Castle - Dagenham when he had Dumfries the next day .tts
The point is if the fact private land came into it he’d not be getting done at all , but he is ,myfor thevsame as me , driving without a card in , so I’m intrested how he gets a offer of a fine , I get a visit to magistrates court , x2 fine apx , a caution off t/c , mine was 7/8 mins driving with no card in , on road would of been 1/2 mins at most , rest round yard to park up ,
Intake/l39:
I got a fixed penalty £100 at Seaforth Docks for driving 25 minutes over my time
It was Cheshire police who were doing the checks along with Vosa
I’ve been moaning about the fine, but I must have been lucky to only get £100
compared with £300 this driver got.
Luck doesn’t really come into it, the fixed penalty for exceeding the daily driving time by between 15 minutes and 1 hour is £100, the fixed penalty for failing to use the tachograph is £300.
What’s the penalty for exceeding it by under 15 mins?
I only ask as I’ve had to pull in for a 45 before when I’d have only gone 5-10 over getting back.
For an isolated case the penalty is nothing more than a verbal warning, but if you go over on a regular basis you could be parked up and/or prosecuted.
cav551:
So is one able to insist upon ‘trial by jury’ for unreasonable charges like this. To be followed up if found guilty by send me to jail then and let the taxpayer fork out £900 or whatever a day to keep me there?
No. There is no option for trial by Jury for most minor offences (including the offences mentioned here).
cav551:
So is one able to insist upon ‘trial by jury’ for unreasonable charges like this. To be followed up if found guilty by send me to jail then and let the taxpayer fork out £900 or whatever a day to keep me there?
No. There is no option for trial by Jury for most minor offences (including the offences mentioned here).
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You do however have the option of refusing to sign anything or to accept any paperwork from them at the stop. If you do not accept the paperwork then the ‘fine’ has not been served.
Madison5:
When legally in control of a vehicle your driver card should be within the tachograph unit
Where does the regulations stipulate this?
So every driver on N/O who pulls card is acting illegally ?
DVSA must have missed a trick with all these fines they could issue
Sent from my iPhone using Tapatalk
It doesn’t matter whether you pull the card/disc or leave it in, what matters is the movement during a rest period, The DVSA are not missing any tricks, the driver drove(was in control of) without a card and he didn’t take a full rest period.
Not disputing that , it was the statement that you have to leave card in at all times your with vehicle
I regularly pull card on night out as I’m sure do a lot of others
Madison5:
When legally in control of a vehicle your driver card should be within the tachograph unit
Where does the regulations stipulate this?
So every driver on N/O who pulls card is acting illegally ?
DVSA must have missed a trick with all these fines they could issue
I believe covered by Article 34 Regulation (EU) No 165/2014 “Drivers shall use record sheets or driver cards every day on which they are driving, starting from the moment they take over the vehicle”. If the driver still has the keys they are still in control of the vehicle. Hand keys to another, no longer in control. Very common with PSV drivers. They will remove their cards but hand keys over so that others relocate the coach around the station.
DVSA are not missing a trick if there is no movement of the vehicle. No movement of vehicle indicates that the drivers rest was probably not interrupted. The driver in this case had an issue because the vehicle moved whilst he had control of the vehicle. Had he recorded the event correctly, he would have been covered by the regulation that allows minor movement in the event of safety and (I cant remember the technical terms) being able to fulfil a satisfactory rest i.e. moving away from the refrigerated unit that parks next to them.
and not for a 500 yard shunt on private land.