Essentially the software has been improved to better assist drivers understand behaviour which may lead to penalties and they are up in arms because the software wasn’t like that before.
Methinks the DVSA would have a field day with a driver ejecting a card on 42 minutes as per the example.
toonsy:
People at a former workplace of mine were getting flagged for this a decade or more ago and the answer was “are you resting and recuperating whilst changing your card and swapping vehicles” as that what the legal definition says. No answer to that.As you say, take card out at start, manual entry in new vehicle AFTER 45 minutes BUT TELL THEM TO MAKE SURE THEYVE HAD 45 MINUTES* or have the 45 then take the card out - the latter is the most foolproof way.
*doing it this way round causes problems due to time differences between tacho units and inevitably some breaks will still be cut short and you’ll also get a load of time overlap events.
As for the drivers tell them it’s an instruction not advice. And also tell them to stop being a group of fannies.
That makes sense, but if a driver has 42 minutes rest, takes his card out and goes and has another 5, 10, 20 minutes break before putting it in the new vehicle, I wouldn’t consider removing the card to continue break away from the vehicle as not resting a recuperating.
But yes it is easily avoidable by just removing the card at the beginning or end of break.
Thanks for clarifying though, I wasn’t sure if all the drivers had that attitude and I was just being pedantic or most drivers didn’t see it as a big deal and this driver was being pedantic and having a go at me instead of just doing what I advised to prevent it happening again. He also had a go at me for a 93kph overspeed being on his report like i was the one who wrote it on saying only a non driver would comment on that, even though I never commented on it. Like bruh I think it’s dumb too, the software puts it on automatically in compliance with the European 90kph speed limiter regs, but I don’t actually give a rats arse if he does 93kph … or 120kph for that matter, I think they take it too personally like i’m telling them off but i’m just passing on information really
Deycallmethetachoman:
but if a driver has 42 minutes rest, takes his card out and goes and has another 5, 10, 20 minutes break before putting it in the new vehicle, I wouldn’t consider removing the card to continue break away from the vehicle as not resting a recuperating.
The Regulations say “After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period”, if the drivers are taking their driver cards out after 42 minutes of break they’re not having 45 minutes of uninterrupted break.
Taking the driver card out and changing vehicles is not break it’s other work, just the act of taking the driver card out during the shift is other work and can never be break.
Noremac:
Essentially the software has been improved to better assist drivers understand behaviour which may lead to penalties and they are up in arms because the software wasn’t like that before.Methinks the DVSA would have a field day with a driver ejecting a card on 42 minutes as per the example.
Yeah seems that way.
And what do you mean they would have a field day? I work with 2 ex-DVSA guys and they say they’d see the 42 minutes, 5 minutes and 5 minutes, see there is no driving or other work in-between and send them on their way.
tachograph:
Deycallmethetachoman:
but if a driver has 42 minutes rest, takes his card out and goes and has another 5, 10, 20 minutes break before putting it in the new vehicle, I wouldn’t consider removing the card to continue break away from the vehicle as not resting a recuperating.The Regulations say “After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period”, if the drivers are taking their driver cards out after 42 minutes of break they’re not having 45 minutes of uninterrupted break.
Taking the driver card out and changing vehicles is not break it’s other work, just the act of taking the driver card out during the shift is other work and can never be break.
Yeah i understand u, and I do try and emphasise the uninterrupted part i.e. not touching the tacho. At the same time it’s like me putting my pen away in the drawer partway through my break, and calling that an interruption. If I was writing something work related then yeah i’d consider that an interruption, but not simply putting the pen in the drawer. Dumb analogy i know, but same principle, we are talking about a 2 second thing lol.
Anyway, thanks for clearing that up, i was beginning to think I was just being a ■■■■ to the drivers
Deycallmethetachoman:
Noremac:
Essentially the software has been improved to better assist drivers understand behaviour which may lead to penalties and they are up in arms because the software wasn’t like that before.Methinks the DVSA would have a field day with a driver ejecting a card on 42 minutes as per the example.
Yeah seems that way.
And what do you mean they would have a field day? I work with 2 ex-DVSA guys and they say they’d see the 42 minutes, 5 minutes and 5 minutes, see there is no driving or other work in-between and send them on their way.
If they don’t see ejecting the driver card to change vehicles during the shift as other work maybe that’s why they’re EX DVSA guys 
Deycallmethetachoman:
i was beginning to think I was just being a ■■■■ to the drivers
Having insufficient breaks and/or rest periods will result in them getting infringements and possible fines if pulled into a roadside check, regular none compliance of the regulations may also impact your companies OCRS score which unless stopped could lead to your company being put on a DVSA red light or worse.
So no you are definitely not being a ■■■■ by getting the drivers to comply with the break and daily rest rules 
Deycallmethetachoman:
Yeah seems that way.
And what do you mean they would have a field day? I work with 2 ex-DVSA guys and they say they’d see the 42 minutes, 5 minutes and 5 minutes, see there is no driving or other work in-between and send them on their way.
Yeah, okay, but there is an electronic trail that is hard to defend that is all. Plenty of drivers are probably economical with the truth. Hell, if I pass the transport office on the way for a coffee and someone talks to me on the way through about something work related I don’t go and restart my break. However, there is no electronic trail of the said conversation ever happening, so I am in the clear.
Deycallmethetachoman:
Thanks for clarifying though, I wasn’t sure if all the drivers had that attitude and I was just being pedantic or most drivers didn’t see it as a big deal and this driver was being pedantic and having a go at me instead of just doing what I advised to prevent it happening again. He also had a go at me for a 93kph overspeed being on his report like i was the one who wrote it on saying only a non driver would comment on that, even though I never commented on it. Like bruh I think it’s dumb too, the software puts it on automatically in compliance with the European 90kph speed limiter regs, but I don’t actually give a rats arse if he does 93kph … or 120kph for that matter, I think they take it too personally like i’m telling them off but i’m just passing on information really
Regards the overspeed, 93kph is equivalent to around 58mph or something. The speed limit on motorways for HGV is 60mph. Different tachographs can be set up differently to ping an overspeed at different speeds, even at 53mph. I haven’t been on the side of the fence where I can see what options the software has, but you can possibly set it to ignore overspeeds you aren’t interested in. As the operator it is up to you how you deal with overspeeds I believe.
Noremac:
.Methinks the DVSA would have a field day with a driver ejecting a card on 42 minutes as per the example.
Wow. That’s really going to keep the roads safer! [emoji849]