Please can someone offer some advice on the following point.
The company I work for uses a driving bonus system and one of the items it includes within this is Error free Tacho’s.
One day last month, I switched Tacho from OWP to Rest but after 5 minutes I had to move on, so did not bother with break until later. (I only use the rest button when I take a break.
I have had notification from my office that because there is a five minute period of incorrect use of the Tacho Mode switch, it is classed as an infrigement. (In their eyes but it does not carry any loss of bonus. They mark it as nil points.)
Should I have made a manual note on the reverse side of tacho to this effect?
Magic Mel; you could have made a note on the reverse of the chart, but you haven’t done anything wrong. You haven’t counted the 5 minutes as a break and from what you have said you took a legal break later. Too many times chart analysis people get hyped up over things that don’t matter; surname/first name order, your break issue and miss the important things like a diagnostic trace indicating that the instrument hasn’t been working properly for the last 5 months!
I agree with the above, you planned a break so moved the mode switch to break, when you realised you needed to move on you did and took the break later on therefore satisfying the rest periods required by law.
No, thr regulations quite clearly state that if the driver is on a break, but not taking a 15 min then the correct mode switch (bed) should be used. This will not count towoards the days 45min requirement as it is below the 15min minumum.
You were on break whilst you were sat their, so were using the correct mode switch in my opinion .
There is too much emphasis put on these reports from Tacho analysis companies. The reports are only as good as the operator, if they do not understand the law, they cannot analyse the charts.
Some analysis companies will jump on mode switch abuse, some will jump on speed, some will jump on the names being reversed.
We regularly get reports saying “not enough daily rest taken” rested only 8h.21 minutes, even after a 4 or 5 hour break on the ferry. lots of programmes cannot cope with split rests or 16 hour spreadovers
Like a good burglar will make a good policeman, then a good fiddler will make an excellent analysis man
Wheel Nut:
Some analysis companies will jump on mode switch abuse, some will jump on speed, some will jump on the names being reversed.
Some need slapping with an analysis machine.
Is it any surprise that they concentrate on the petty stuff, that more often that not isn’t illegal, and miss the big picture when the first four letters of analysis spell ■■■■
I’ve just signed a couple of “advisories” off today. Both incorrect use of the mode switch. However, they were both waiting for 40 - 45 mins worth of lunch to finish, if that isn’t a POA (when you know the period of time your supposed to be waiting), I don’t know what is . I did argue the toss with the boss, but having dropped a rather large [zb] on Friday, decided not to push my luck .
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