When I was a full time employee with one company, the card was downloaded of its data and if any infringements were identified when audited and the company would advise me of what they were for future reference and education so as to not do it again - simples!
Now I work for an agency at various companies and download my card data here, there and everywhere, whenever the opportunity arises to be honest but what about the data downloaded? Where does it go? What about potential infringements etc? Who advises me of such?
Today, I asked the TM of the company I’m currently with these questions when I did my card download, but he said he had no idea? He basically said he is only concerned with his full time drivers and cannot tell me about my data as he does not see it?
Surely this is wrong? Who can tell me if this is the case?
Doesn’t matter whether the driver is Agency or permanent - the operator is required to monitor his hours and take steps to manage infringements. Starting point would be to point out infringements (i.e. “Please try not to do that again”), moving on to offering additional coaching, training and even disciplinary proceedings. Equally, the operator is also required to review his own processes, if it becomes apparent that the runs are being planned in a way that tends to trigger infringements.
andy288*:
Today, I asked the TM of the company I’m currently with these questions when I did my card download, but he said he had no idea? He basically said he is only concerned with his full time drivers and cannot tell me about my data as he does not see it?
Whether he sees it or not is up-to him but the company you drive for have a legal obligation to download the data from your driver card no later than 28 days from the last download, they also have an obligation to advise you of any infringements, when you’re working at different companies that generally means your card is downloaded whenever you work at a different company or every day/week.
What I found on agency was that most companies weren’t particularly interested in advising you of infringements unless you was driving there regularly, but I’ve known a few drivers who weren’t invited back because there were too many infringements on their driver card.
It’s the transport operators legal responsibility to download the data from the drivers card no later than 28 days from the first use after the last download, it’s the drivers legal responsibility to make the card available for download, which isn’t usually a problem because the fact that you’re there pretty much means your card is available for download.
Tbh I did think that when I present the card for download (which I always do well within the 28 day period) the Operator DOES have access to the data and as you rightly point out DOES have an obligation to advise of any infiringments etc - not as the TM stated yesterday that he DOESN’T - he is clearly in the wrong with that statement!
This coming week will be my fourth consecutive one at this place and that sillyness aside is a pretty ok place so far.
I know I have made an slight error once this week whilst changing from one vehicle to another and have explained to him verbally how/why this happened but he didn’t seemed too fussed about it tbh - which is the reasoning behind this question about access to the downloaded data.
Thing is I like to be ‘belt and braces’ for my own piece of mind - just in case!
To be honest if you’ve got a job you like and are satisfied with the money and the way you’re treated I’d say let the companies transport office worry about whether or not they do their job right, as far as downloading your card or issuing infringements is concerned, legally it’s their problem not yours
As long as you’re doing your job right why rock the boat, it’s been my experience that people who rock boats tend to get thrown overboard
Don’t let a companies lax ways influence your attitude towards getting infringements on your card though, as an agency driver it’s in your best interests to keep your driver card as clean of infringements as possible, so when/if you go to a new client they’re not dismayed at the sight of lots of infringements on your card.
nick2008:
As tacho says.
You may find the infringements will be sent to the agency once a month as they are tec your employer
If the company bothers, this is what they do. Every so often I’ll get a thick envelope filled with sheets of A4 with about 3 months of tacho data on to point out a 1 minute WTD 6hr infringement.
nick2008:
As tacho says.
You may find the infringements will be sent to the agency once a month as they are tec your employer
If the company bothers, this is what they do. Every so often I’ll get a thick envelope filled with sheets of A4 with about 3 months of tacho data on to point out a 1 minute WTD 6hr infringement.
Its just arse covering. When I was agency I was shown an infringement I got earlier in the month when I was at a different place, signed it and carried on. Its just an admin thing, if VOSA come knocking they can say they notified the driver (you) and it was acknowledged.
nick2008:
As tacho says.
You may find the infringements will be sent to the agency once a month as they are tec your employer
If the company bothers, this is what they do. Every so often I’ll get a thick envelope filled with sheets of A4 with about 3 months of tacho data on to point out a 1 minute WTD 6hr infringement.
Oh you are good
I am. I never have any drivers hours infringements and I actually don’t have any WTD infringements either. They happen as a result of doing a manual entry the following day and rounding it up to the nearest 15 minutes as we have to have what we claim on our timesheets on the tachograph. So every so often I’ll have finished before the 6hrs is up so I’ve not got an infringement but when doing the manual entry the following day I’ll have forgotten that I was close to the 6hrs and take it over adding the 5-10 minutes to the previous day.
I’m a transport manager and once downloaded the details automatically get sent over to a analyising agent, who then each week send me the reports back.
If there are infringements I leave notes, or if necessary speak to the drivers (in fairness I’ve got a good set of drivers so infringements are very few and far between)
If they have no infringements I still put the analysis in their pigeon hole so they can see that whatever they are doing they are doing it right, it also allows them to look at their duty times, fortnightly times etc…Keeps them in the know!
When i get agency drivers the first thing I do is download the tacho card along with checking their license, again I would follow exactly the same process, at the end of the day if any driver (agency or employed) were causing infringements with regularity then that would potentially cause me a problem with the “O” License, or taking a visit to the Traffic Commisioner, it would also cause a problem to the driver with potential fines as well as the company.
It makes sense for the office and all the drivers to be reading off the same script, it makes my life easier, it makes the drivers life easier.
