Hi guys this is my first real post so be gentle,as it’s a bit long winded.
On Friday afternoon I was called into my managers office and given a sheet which had 2 infringements to sign.
The first was going for 6 hrs and 1min duty without a break,that ones a fair cop,but the second infringement has me starting at 6am,3hours duty driving and other work then taking my digicard out.
The truck then stood still for 50 mins,had 1mins driving then stood still for 2hours then 5 minutes driving,then stayed on other work till I put my digi back in at 3pm and drove for 25minutes.
Checking back the service records the vehicle was in the garage between me taking my card out and putting it back in.
Despite telling my boss this he says I still need to sign the letter and he’ll sort it out later.
What should I do,he says if I don’t sign it on Monday there could be a disciplinary against me.
or, sign the infringement sheet with an addition in writing that you dispute one of the infringements owing to not being in charge of the vehicle at the time of the infringement
So what exactly was the second infringement? Did you do a manual entry when you put the card back in later in the day? Were you still at work in between times?
If you were still at work & have no record of it, your employer will expect you to sign to say the infringements been highlighted to you. We get the same thing regularly, never been a problem to me!
The first is for a RTD infringement which, apart from your company, nobody is bothered about
VOSA only seem bothered about EU driver tacho regs and not RTD
The second seems to be a lack of following the rules which state that all of your shift must be recorded so it seems that you did not either input that into the digi when you got a truck again or did a manual entry on a printout roll doing 2 copies - 1 for TM and 1 for you
busteredwards:
So what exactly was the second infringement? Did you do a manual entry when you put the card back in later in the day? Were you still at work in between times?
If you were still at work & have no record of it, your employer will expect you to sign to say the infringements been highlighted to you. We get the same thing regularly, never been a problem to me!
Hi,I’m pretty sure I did a manual entry when I picked the wagon up again and there was no infringement on my card for this date when it was downloaded.
I was at work in the yard driving a forklift and had my break from 12till1.
Our company requires us to fill in and carry logbooks with us as we can sometimes be working in the yard for a few days when the delivers are slack and my book shows my break for this date.
The total amount of driving for that day would have been less than 4 1/2 hours
Thanks again,Duncan
It’ll just be company procedure for them to show they are checking for infringements and that they are making you aware of them at the same time and you understand the error of your ways.
If you have done a manual entry covering the period when the truck was in the workshop and they’ve got the infringement from a truck download. Then write on the form why you don’t accept it and then sign it and also ask for a copy.
The truck then stood still for 50 mins,had 1mins driving then stood still for 2hours then 5 minutes driving,then stayed on other work till I put my digi back in at 3pm and drove for 25minutes.
Checking back the service records the vehicle was in the garage between me taking my card out and putting it back in.
I stand to be corrected here
First WTD = Don’t panic it’s only a minute
Second = don’t look like to me you did a manual entry. Example. I start work at 6am and put card in. I put the card in and then do 20 minutes driving taking the vehicle to a garage. I then pull the card. I then go back to the yard and wait for the vehicle to be ready whilst doing other things. 7 hours later you get told to head back and pick the motor up. I then head back and put the card in. I then put a manual entry in showing other work and a little WTD break (What ever break is needed) and start driving. What I think you just did was pull the card and done other things whilst it was being serviced and when you got back to the truck you then put the card in and just drove off. Now on your card it will show an empty gap with no record of what you did
Just sign it, you aren’t incriminating yourself and nothing will ever come of it, it’s just for the company to show VOSA that they have a procedure in place for identifying infringements if they get an site visit. Do a print-out for that day and write an explanation on the back if it makes you feel any happier but you really don’t need to, just sign it and get on with life.
Dafman:
So these reports are from the tachograph and not from your card.
Hi,as far as I know it was only after the vu was downloaded that the second infringement came up.
Been told by a driver friend that when we drop the truck off in future to take the company card with us and lock out the company.
Duncan
I wouldn’t sign simply because it isn’t your card it is the unit in the lorry. We do it at work it’s just a case of signing it and being seem to be going through the motions
puntabrava:
What are the implications of signing, is it so many infringements and your out? if not does it matter?
As an operator you have a requirement to check tachographs for infringements, inform the driver in writing, take any remedial action and possibly disciplinary action.
So by signing you accept the infringement it might ultimately lead to disciplinary action. Especially in some large companies where they do 3 infringements in a set period and you face disciplinary action and people are blindly following company policy without looking further.
This is why I have said, make a remark on the form as to why you don’t accept the procedure, sign the comment and keep a copy. Then if it goes further you have some record. It’s funny how information that could be important to you can go missing.
puntabrava:
What are the implications of signing, is it so many infringements and your out? if not does it matter?
Hi,to be honest I’m more annoyed rather than flapping as we get a £50 bonus for being accident and infringement free every 6 months.
Apparently one of the other drivers has got 14 infringements this time after getting a warning about too many last time.
These are the first I’ve had in 3 years
Duncan
