robroy:
sayersy:
robroy:
nick2008:
robroy:
[That would be only questionable if he had been weekended away from home.
:
not really I know drivers that while away drop it in for service etc while spending the weekend with friends or a B&B
That’s exactly what I meant, the driver would be answerable instead of (or as well as) the operator in that type of situation, as he was not parked in the o/c therefore potentially responsible for any movement while off duty.
How do you figure that? The driver isn’t responsible for the vehicle whilst off duty, potentially or otherwise, unless he’s taking a rest period in it. If he did have responsibility for the vehicle (whilst it was being serviced, for example) it would have to be recorded as work or POA.
OK, if I leave the motor in the depot for the weekend if it is moved to go for service there is a solid defence for me saying I was at home nothing to do with me that the vehicle was moved.
If I am weekended abroad or other end of country or anywhere you can think of and as the guy says I spent it in said town in B&B or with friends, and I leave motor for service prior to rest period commencing, it would not be as solid as a defence as the first scenario if VOSA was suspicious that I was lying, as technically (maybe not legally) I am responsible for the motor from the operator’s point of view, until I do drop it off. That is how I rightly or wrongly figure it.
Yes, I agree that you have responsibility UNTIL you drop it off, but we are talking about a scenario where the vehicle’s moved AFTER it has been left by the driver. In that case, you have handed over responsibility when you hand over the keys.
You lot don’t half split hairs on here.
Mechanics shunters and washmen all drive vehicles in company depots at weekends all over the country with out cards in.
It’s card out, out of cab, out of mind, end of! 
My truck is in Enza Mercedes this weekend for inspection. I’m sure it will be moved without a card in before I go and get it on Monday morning. If I got stopped, and a scenario arose like the o/p suggested I would laugh all the way to court, then show them the Facebook pics my wife posted of me enjoying a weekend away. Ridiculous scenario, impossible to prove!
No need for split hairs, endless debate or anything else in a situation with such a clear answer.
The driver was talking ■■■■■■■■ and his story has so many holes in it you could drive a truck through it, with or without a card in. That’s all.
Appeal, get laughed out of court. Now they’re self funding, each £200 they have out of you pays for their next pay rise.
God help us if they allow them to fine historically & not just on the day in question as some blokes will just have to sell them the wagon.
You’d have problems over the water esp France unless you have a letter of attestation ( think that’s how it’s spelled )
Some very interesting answers but all lead to the same thing ALWAYS TAKE YOUR CARD OUT WHEN FINISHING A SHIFT AT BASE, optional if away from base but Vosa or whoever theyre called nowdays would have to take the information from the drivers card as gospel, so leave it in at your peril and take the rap.
moomooland:
You lot don’t half split hairs on here.Mechanics shunters and washmen all drive vehicles in company depots at weekends all over the country with out cards in. It’s card out, out of cab, out of mind, end of!
defies the object of having " WORKSHOP AND COMPANY CARDS!who’d think vostapo, VOSA, DVSA OR THE MEN IN RED would want 100% legal operators who they couldn’t fine! 
Workshop and company cards are not for bosses and fitters to drive them around the yard - they are for specific uses. If you’re going to use any card for driving, it has to be a driver card. Workshop card is for maintenance/calibration etc of the tacho itself, and the company card is for locking in/out of the company data in the tacho head.