OK, story is, I had to be home at a reasonable time today, too much work on truck, notified them that I wouldn’t have time to do the last drop, what do they want to do etc…
Anyway, long and short is, I get back with last drop on, get sacked (expected, but not arsed) - this is where it gets weird.
For my discaplinary hearing (lol) he demanded my tacho and run sheet, which I gave him (assuming it was to see how much time I’d have / need etc).
At the end when he fired me, he refused to give me my tacho back, he claimed ‘it’s company property’ and gave me a photocopy instead.
This is today’s tacho, I have to carry 28 + current week… How can I do this, is the photocopy sufficient? Who do I report them to if this is wrong?
Oh, there’s now a job going at Link Logistics in Warrington - Farmfoods contract. Good rates (£9.84 / hr + overtime + £3 / day meal allowance) if anyone wants it.
whenever i’ve left a job i’ve always taken my charts with me and returned them at the required time. I don’t think vosa would be happy with a photo copy, so i’d say no they can’t do it, ask for it back and if they refuse tell them you’re informing vosa to cover your own back
I don’t suppose that it is legal,what were you meant to do,fight him for it? As long as you tell anyone demanding to see your charts ,what you’ve said here,I can’t imagine a problem.
I just can’t believe it, I’ve still got the rest of my charts, so only missing this 1, so I think he was just being arsy or something.
You try and help these firms out, and they just take the pi55. Makes my blood boil.
Thing is, other than hospital appointments or pre-planned events, I’m happy to work all the hours legally permitted and have and will tramp all over, not seeing my house for a week or whatever, but this was a pre-planned thing that they were notified of.
Just this tacho thing that I’m not sure of, I know most rules, but this is definately new teritory for me.
how is the tachograph their property exactly??, its a legal document. would not imagine vosa dude would be happy with a photocopy of the missing tacho.
ring the vosa hotline and tell them your ex boss is refusing to hand back your tacho because you werent happy driving a truck with 3 wheels, and also may be slip into the convo that its about this time of year the transport office has an almost spontaneous fire were the tachos records are stored.
waynedl:
At the end when he fired me, he refused to give me my tacho back, he claimed ‘it’s company property’ and gave me a photocopy instead.
This is today’s tacho, I have to carry 28 + current week… How can I do this, is the photocopy sufficient? Who do I report them to if this is wrong?
I had a scenario whereby i left a company and they wanted my last tachos before they would pay me. I rang VOSA and explained to them and they said if i take and carry the photocopies i would be fine. Give them a ring and ask them, you will probably get the same answer.
waynedl:
I just can’t believe it, I’ve still got the rest of my charts, so only missing this 1, so I think he was just being arsy or something.
You try and help these firms out, and they just take the pi55. Makes my blood boil.
Thing is, other than hospital appointments or pre-planned events, I’m happy to work all the hours legally permitted and have and will tramp all over, not seeing my house for a week or whatever, but this was a pre-planned thing that they were notified of.
Just this tacho thing that I’m not sure of, I know most rules, but this is definately new teritory for me.
If this was preplaned, how much notice did they have? If they agreed to it, then they must give you one weeks notice to change that. also, if you have been employed for more than one year, you may have a case of wrongful dismissal, depending on whether they agrred that you could finish early on that specific date.
It might be worth a try even if you don’t have much of a case, they might not be so sure if you do or not
waynedl:
At the end when he fired me, he refused to give me my tacho back, he claimed ‘it’s company property’ and gave me a photocopy instead.
This is today’s tacho, I have to carry 28 + current week… How can I do this, is the photocopy sufficient? Who do I report them to if this is wrong?
Mike-C:
I had a scenario whereby i left a company and they wanted my last tachos before they would pay me. I rang VOSA and explained to them and they said if i take and carry the photocopies i would be fine. Give them a ring and ask them, you will probably get the same answer.
I would not be too certain of that !!!
geebee45 FROM HERE:
The old ‘photocopies will do’ statement.
Well, no they won’t.
Which audit does your TM think is more important, the one carried out by the company, or the one carried out by the person appointed by the Secretary of State for Transport?
I have a special place reserved in my Prohibition pad for folk that cannot produce the correct ORIGINAL records at a roadside check. Fear not , have an even better place in my Pocket Book for operators / agencies / others who cause drivers not to produce records at the roadside. The Pocket Book ones ALWAYS get to explain their actions to the Court, drivers - depends upon circumstances.
Hope this answers the question
You have to have the current days chart and the previous 28 calendar days charts with you. If he is the operator, his need of the remaining charts will be more than yours if VOSA decide to pay him a visit.
I would keep it sensible for now but write a polite letter to him or his boss explaining the rules and the circumstances leading to the confiscation of your chart and running sheet;
‘7. (a) Where the driver drives a vehicle fitted
with recording equipment in conformity with
Annex I, the driver must be able to produce,
whenever an inspecting officer so requests:
(i) the record sheets for the current week and
those used by the driver in the previous
15 days;
(ii) the driver card if he holds one, and
(iii) any manual record and printout made during
the current week and the previous 15 days as
required under this Regulation and Regulation
(EC) No 561/2006.
However, after 1 January 2008, the time periods
referred to under (i) and (iii) shall cover the current
day and the previous 28 days.
I mentioned keeping it polite for now as the company are probably holding some of your money.
If you intend to keep driving you have a legal obligation to keep the charts for the next 28 days, I can’t really see any reason why the transport operator should not demand them back after the 28 days but until then they should remain with you.
This has been answered before by geebee45
In this thread geebee45:
Whatever individuals may accept is entirely up to them. However, the legislation is VERY clear in that the specific requirement to produce records uses the words ‘Record Sheet’ in Article 15.7 a & b. A record sheet is defined as;
a sheet designed to accept and retain recorded data, to be placed in the
recording equipment and on which the marking devices of the latter
inscribe a continuous record of the information to be recorded
Therefore, the only (legally) acceptable record that may be produced at a roadside inspection is what we all know and love as a ‘tachograph chart.’ In the eyes of the law, a photocopy is not acceptable and a letter from a previous employer is not worth the paper it is written on.
So keep the charts with you until they are at least 29 days old, then return them to the previous employer.
Mike-C:
I had a scenario whereby i left a company and they wanted my last tachos before they would pay me. I rang VOSA and explained to them and they said if i take and carry the photocopies i would be fine. Give them a ring and ask them, you will probably get the same answer.
I would not be too certain of that !!!
Well i’m 100% certain thats what they told me. I explained my dilemma and thats what they said.
Mike-C:
I had a scenario whereby i left a company and they wanted my last tachos before they would pay me. I rang VOSA and explained to them and they said if i take and carry the photocopies i would be fine. Give them a ring and ask them, you will probably get the same answer.
I would not be too certain of that !!!
Well i’m 100% certain thats what they told me. I explained my dilemma and thats what they said.
I bet they did not give that to you in writing or an e-mail…
Cruise Control:
how is the tachograph their property exactly??, its a legal document. would not imagine vosa dude would be happy with a photocopy of the missing tacho.
When I used to do agency work, I used to photocopy my cards and keep the photocopy. I’ve been pulled and VOSA have accepted the photocopies when I’ve explained why.
These agencies have absolutely no right to any drivers records, it has often been said that the agencies do not have a facility to download digital cards. Why, because it isn’t their job. If they want records let them ask for photocopies from the company or provide envelopes with the company address on them, registered if possible.
The law is very clear on this, it states that the driver must carry the card for the current day and the previous 28 days. After that period the cards must be returned to the vehicle operator within 42 days, these must then be kept by the operator for 12 months, two years if they are used to record road transport working time.
As many more drivers work on an impromptu basis through many agencies, it would be a foolish driver to venture into France to swap a trailer with a handful of photocopies.
For this and many other reasons, I would suggest you listen to geebee45 who works for VOSA rather than Conor who doesn’t.
I would ask the company what they wanted me to do with the cards after the 28 day period, they may give you self addressed envelopes.
