My truck tacho needs calibrating. Is it legal ok to still drive it?
Runs out today
For about 2 weeks been getting a message when take card out saying calibration in 10 days 9 days etc. Keep telling office they said it’s booked in on Friday. Today. Just been Given run sheet.
stoke Coventry lemington spa Telford Wrexham back to Manchester.
So won’t be back to lateish .
So duno when they plan to calibrate it as we’re only small.compnay have no workshop etc.
So if not done when I start Monday could I refuse to drive it?
This is going to be one of those ones where you get a dozen right answers with loads of RDC tales thrown in…
Personally I don’t know for sure legally speaking. You can still drive if it’s broken but running out of date on a date that’s been known about for two years im fairly confident won’t count under that and probably won’t be viewed greatly if you did get stopped and, as ever, it would be you carrying the can for it…
As I say I don’t know for sure I’m just looking logically at it.
Difference here is having a faulty Tacho whilst out on the road and getting an appointment for repair is acceptable BUT deliberately using a vehicle when you know the calibration date well in advance. End of the day its YOUR licence,for me its a not something I would want to take the chance using the motor.
It will be fine until midnight today.
If it hasn’t been done by Monday, defect It, ask them what they want you to do, if they say drive It, then crack on and make sure you have a copy of the def note with you.
Not the drivers problem, but company would be on the naughty step sharpish if you got pulled.
As far as I can see there’s no comeback on the driver for driving a vehicle with a tachograph with an out of date calibration unless the tachograph is significantly out of calibration.
If you got stopped and the tachograph calibration was found to be out of date the likely outcome would be an Offence Rectification Notice.
However in the unlikely event that the tachograph was machine checked and found to be out of calibration i.e. more than 6 km/h out, a driver fine would be possible, so I would have to say that unless the company can show that the tachograph is within the limits of a calibration, which they can only really do by having it calibrated, you would be within your rights to refuse to drive the vehicle.
Having said that, to be honest as long as I was reasonably satisfied that the tachograph wasn’t out of calibration I wouldn’t worry about it too much for a few days, but that may be just me I don’t know.
Apart from what I’ve already said, if you got stopped and the tachograph calibration was found to be out of date it would presumably go against your company on the DVSA’s OCRS so I would say it would be a bit daft of them to ignore the problem.
With as you say you where getting a countdown till it expired and the company made no effort to get it calibrated ,I don’t think DVSA would be too impressed and simple things like not getting a tacho calibrated …You could be waved on with a verbal warning, or they may then start pulling the companys vehicles ,after all if your company cant sort a tacho calibration what else do they fail to do …
Saying that do you know if your service provider mentioned that it would expire before it’s next inspection ■■? At our pace we will carry out a 2 yearly if it expires before the next inspection,saves the customer then having to bring it back in .All our customers are happy with that arrangement
edd1974:
Been told by our manager your allowed 35 days grace.
Before it needs doing
. I’d suggest that next time you talk to him you take a long look at one of his ears, when he asks what you are doing just tell him you are trying to see if you can see straight through!
With some companies, the calibration date forms part of the drivers checks, and as long as you have done that, AND made your company aware of the impending date, then if your gaffer insists you drive it out of date, you can either refuse to drive it, or crack on KNOWINGLY that it is out of date.
Tell your gaffer you are only trying to cover his arse, and insist that he does something about it, sharpish. Either way, it is the operators responsibility to ensure that the tacho is calibrated.
This has got me wondering. Does anyone actually know what a digital tachograph head does when the inspection date passes? For all I know, it might just pack up and stop working completely, much as a card does when that expires.
Interestingly on 3rd April DVSA issued the below statement to say that all tachograph calibrations falling due would automatically get a 3 month extension. Given that yours expired just before this I guess that it may not be covered but you may get a little wiggle room at least. If your company are unable to get an appointment booked now having failed to do so in good time then perhaps they can get away with it though I should suggest that they actually enquire just in case, or did they get it done over the weekend as promised?
MarcusLeviticus:
Interestingly on 3rd April DVSA issued the below statement to say that all tachograph calibrations falling due would automatically get a 3 month extension. Given that yours expired just before this I guess that it may not be covered but you may get a little wiggle room at least. If your company are unable to get an appointment booked now having failed to do so in good time then perhaps they can get away with it though I should suggest that they actually enquire just in case, or did they get it done over the weekend as promised?
