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 you.
[/quote]
A refrigerated truck is not a safety issue, neither can any random tom ■■■■ or Harry ask you to move, a policeman can, maybe a firemen, but these issues will be recorded and you may get a printout signed
Wheel Nut:
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 you.
A refrigerated truck is not a safety issue, neither can any random tom ■■■■ or Harry ask you to move, a policeman can, maybe a firemen, but these issues will be recorded and you may get a printout signed
[/quote]
I was more getting at the fact thats when common sense and spirit of the regulations kicks in by the officer. I know a noisy vehicle is not a safety issue. But as we both agree if the card was in and printout taken he would have been ok. Each incident is a case by case event unfortunately…some examiners wouldnt have cared less once the driver had explained, especially a 1 off event…i know i wouldnt have.
good_friend:
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 .Because it’s safer for a variety of reasons -
Some of us forget to check it’s on break every time we touch a window switch and need ignition etc.
Some of us use the act of pulling the card to indicate we have finished for the day and ‘please don’t bother me’
plus other reasons I can’t remember at this time in the morning…I’ve done a fair few nights out now and always pull my card
Good friend if not already done ,you can now use your company card to set the modes so it stays on rest no matter how many times you switch the ignition on …Or if your company can’t be assed it is a 2 min job at a tacho centre
Madison5:
I was more getting at the fact thats when common sense and spirit of the regulations kicks in by the officer. I know a noisy vehicle is not a safety issue. But as we both agree if the card was in and printout taken he would have been ok. Each incident is a case by case event unfortunately…some examiners wouldnt have cared less once the driver had explained, especially a 1 off event…i know i wouldnt have.
The voice of reason and a shame the dvsa man in this instance couldnt have been human and just let it go. Such a very minor issue turning into a fine is just plain ridiculous.
Truck movement for loading with no card (100-150m) is rife on the Gualdalhorce est where we are with police knowledge for years with a blind eye being turned (sic), no puppies or kittens squashed,absolutely no harm done. In the OP’s case just a little movement for safe parking should have been ignored…
norb:
good_friend:
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 .Because it’s safer for a variety of reasons -
Some of us forget to check it’s on break every time we touch a window switch and need ignition etc.
Some of us use the act of pulling the card to indicate we have finished for the day and ‘please don’t bother me’
plus other reasons I can’t remember at this time in the morning…I’ve done a fair few nights out now and always pull my card
Good friend if not already done ,you can now use your company card to set the modes so it stays on rest no matter how many times you switch the ignition on …Or if your company can’t be assed it is a 2 min job at a tacho centre
I thought that was only on stoneridge units?
Madison5:
dcgpx:
Madison5:
When legally in control of a vehicle your driver card should be within the tachograph unitWhere 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”
I don’t agree with that, you’ve missed out the part of the article that says “The record sheet or driver card shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised”.
The regulations do not state that the driver card must be in the tachograph after the daily working period has finished, there’s nothing to stop the driver legally ejecting the driver card at the end of his working day.
Drivers shall use record sheets or driver cards every day
on which they are driving, starting from the moment they take
over the vehicle. The record sheet or driver card shall not be
withdrawn before the end of the daily working period unless its
withdrawal is otherwise authorised
tachograph:
sammym:
tachograph:
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.
Sent from my mobile.
Thanks - didn’t know that and certainly won’t make it a regular thing. But I won’t panic quite so much when I have 10 minutes left and 5 miles to the services.
sammym:
Thanks - didn’t know that and certainly won’t make it a regular thing. But I won’t panic quite so much when I have 10 minutes left and 5 miles to the services.
Bear in mind that although you won’t get find for occasionally going a bit over your daily driving time you will still get an infringement notice.
This whole post is very schoolboy amateur operatics.
Everyone should know you need a rest period between two working periods.
If you move your vehicle because you didn’t like the view you need to start your rest period again. Provided the rest period still fits into your 24 hour period you can, if not you can’t.
This Carling is beautiful [emoji481]
tachograph:
Madison5:
dcgpx:
Madison5:
When legally in control of a vehicle your driver card should be within the tachograph unitWhere 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”
I don’t agree with that, you’ve missed out the part of the article that says “The record sheet or driver card shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised”.
The regulations do not state that the driver card must be in the tachograph after the daily working period has finished, there’s nothing to stop the driver legally ejecting the driver card at the end of his working day.
Drivers shall use record sheets or driver cards every day
on which they are driving, starting from the moment they take
over the vehicle. The record sheet or driver card shall not be
withdrawn before the end of the daily working period unless its
withdrawal is otherwise authorised
I missed it out because my interpretation of the regs means the rest is irrelevant (in the OP case) because the first sentence applies. “When legally in control of a vehicle your driver card should be within the tachograph” the words “legally in control” is the factor that determines the whole thing. BUT im no transport solicitor, thats how i interpret it and we all interpret things differently.
Apologises, its gone off on a tangent.
Wheel Nut:
Heisenberrg:
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.What comics do you read?
The DVSA / VOSA / DVLA/ MOT/ MFT are only self funding from issuing certificates, discs, plates, licences and MOT inspection.
Any fine from any source goes straight to the treasury.
No Fishing Licence - Treasury
No TV Licence - Treasury
Speed Camera - Treasury
Where does it go once it gets to the treasury…hmm let me think…perhaps back to civil service agencies maybe… the comics that I read are not relevant to the thread.
Your biggest mistake was admitting it. ‘The crew moved it’ would be my stock answer
Wheel Nut:
This whole post is very schoolboy amateur operatics.Everyone should know you need a rest period between two working periods.
If you move your vehicle because you didn’t like the view you need to start your rest period again. Provided the rest period still fits into your 24 hour period you can, if not you can’t.
This Carling is beautiful [emoji481]
Carling…beautiful?! Have you last your mind? Nasty flavoured water
switchlogic:
Your biggest mistake was admitting it. ‘The crew moved it’ would be my stock answer
I would have told them I was on a ferry to the Hebrides
Wheel Nut:
switchlogic:
Your biggest mistake was admitting it. ‘The crew moved it’ would be my stock answerI would have told them I was on a ferry to the Hebrides
Well that’s another option, leave card in and fake a ferry rest if taking 11. I’ve NEVER done this myself I hasten to add 
Madison5:
When legally in control of a vehicle your driver card should be within the tachograph unit
Madison5:
tachograph:
Madison5:
dcgpx:
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”
I don’t agree with that, you’ve missed out the part of the article that says “The record sheet or driver card shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised”.
The regulations do not state that the driver card must be in the tachograph after the daily working period has finished, there’s nothing to stop the driver legally ejecting the driver card at the end of his working day.
I missed it out because my interpretation of the regs means the rest is irrelevant (in the OP case) because the first sentence applies. “When legally in control of a vehicle your driver card should be within the tachograph” the words “legally in control” is the factor that determines the whole thing. BUT im no transport solicitor, thats how i interpret it and we all interpret things differently.
But as far as I can see the terms “When legally in control of a vehicle your driver card should be within the tachograph” and “legally in control” are terms that only you have mentioned, so the question has to be where do those terms come from ?
I’m not looking for an argument or looking to ■■■■ anyone off I just disagree with what you’ve posted.
Wheel Nut:
If you move your vehicle because you didn’t like the view you need to start your rest period again. Provided the rest period still fits into your 24 hour period you can, if not you can’t
This is another variable in this whole problem.
OP said he moved after a few hours into rest, quite likely he couldn’t restart another rest and complete within 24hr period - still an infringement but not as severe as what he did with no card etc
Sent from my iPhone using Tapatalk
switchlogic:
Wheel Nut:
This whole post is very schoolboy amateur operatics.Everyone should know you need a rest period between two working periods.
If you move your vehicle because you didn’t like the view you need to start your rest period again. Provided the rest period still fits into your 24 hour period you can, if not you can’t.
This Carling is beautiful [emoji481]
Carling…beautiful?! Have you last your mind? Nasty flavoured water
If it´s cold and fizzy…it´s drinkable.
If it ain´t cold and fizzy…it´s still drinkable 
dozy:
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.
Yes Dozy, you would be surprised at how many incriminate themselves, best thing to do if in the wrong is keep shut… If you think the law enforcement is there to assist you generally you are wrong, victims of crime get a rough deal.
There is no stipulation that you remain in the vehicle to take your daily rest, even on a night out, there’s no law that says you have to sleep, just that you remain off duty for 9/11hrs.
If you moved the vehicle after loading had been completed, you were on duty, no doubt about it, in exactly the same way as starting your daily rest while tipping/loading on a bay and pulling out and parking in the yard when you’re empty/loaded, you’re on duty and if you’re over your daily duty hours by that time, you’ve broken the law by exceeding them or if you’re still legal at the time of the movement your rest period has to start again, if it doesn’t, you’ve broken the law.
It may seem insignificant, but imagine if everyone did it, it would make a mockery of the drivers hours regulations and it would be a free for all.
To admit what you did and further incriminate yourself by admitting to having a pint immediately prior to the offence is a bit naive, to put it politely. This will have been noted by the DVSA and I wouldn’t be surprised to learn that you’ll be called into the local traffic office for a chat about your conduct.
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