Who is responsible?.
My company insists i leave them at work when i go home but sicne starting a new job i have had 1 or 2 damaged charts due to their carelessness, as i understand it if i want to take them home until i need to hand them in I.E. just under 21 days i can.
Does anyone know of anything legal i can print off from an official site to show them as they seem to think the tachos are their property ALL the time.
The Regs just say about being able to produce the current weeks and 1 from the last working day of the previous week, nothing seems to be mentioned about who has to keep overnight etc. If it is company policy then I would ask for it in writing, that way your back is covered should VOSA give you a tug about it.
The disc’s belong to the company Jammy and as long as you have in your possession the required disc’s when driving, all of the current disc and the last day of the previous week in which you drove provided that is less than 21 days, then they can do what they feel needs doing the rest of the time.
The tacho regulations requires drivers to return the tachograph charts to the operator within 21 days of the day in question. However, those regulations also places a requirement on the operator to secure the return of those charts within this timescale, and they can ask for them whenever they want, provided they give the driver the required legal number of charts when they are driving.
They have probably had disc’s go missing when drivers have left and not come back, or simply lost the disc’s. On the other hand they could be checking the disc’s on a daily basis to ensure the regulations are being complied with.
it is up to the operator to store the disc in a safe manner and if you are getting disc’s back that have been damaged then they need to address that, before VOSA do.
I have asked several times that they be more careful but they dont seem to listen so i guess the next action is Vosa unless they be more careful.
Cheers,
how are they storing the disks if they’re getting damaged? Surely they give you a tacho wallet to store them in? as well as the paper envelope for the weeks charts.
They give me a paper wallet which i put them in then they go in to a plastic storage box but when some sphincter inspects them on a daily basis he cant be arsed to :
A: put them back in the right order
B; sometimes put them back at all i have gone in to work and they are loose inside the plastic box.
The thing that concerns me is i am the one who egts the ■■■■■■■ infringement because the guy is a lazy bar steward.
Then just note that on the infringement report, it’s what its there for 
watch what you are doing Jammy. for example, if you go in and collect your tachos and one has slipped away somewhere from the current week, how do you explain the missing chart if you are pulled over? its your licence mate, if they arent taking care of your charts, buy a plastic wallet and keep hold of them. last weeks charts arent your problem but this weeks definately is 
also, if this is coming from a supervisor, go above their heads and address your concerns with the TM
scanny77:
watch what you are doing Jammy. for example, if you go in and collect your tachos and one has slipped away somewhere from the current week, how do you explain the missing chart if you are pulled over?
Well I would think you would check you had all the ones you needed before you left the yard. The company want them handed in at the end of each shift and that’s it, they are entitled to do that so the driver, although they may not like it, has no argument.
scanny77:
last weeks charts arent your problem but this weeks definately is
Still need the last day of the last week you drove.
i meant before you left mate ie you pick them up to find one missing. what would you do? technically, would you be driving illegally?
the last one from the previous week goes without saying
i realise that this scenario is fairly unlikely but it would be possible under the circumstances explained by Jammy. i like to cover my own back so this level of incompetence would result me in telling them to poke it and i would hand them in at the end of the last shift of the week (with the exception of the last chart). that way, my responsibilities are covered legally and once handed in, i dont care what they do with the charts 
then again, it is widely known that i have an attitude problem 
scanny77:
i meant before you left mate ie you pick them up to find one missing. what would you do? technically, would you be driving illegally?
Technically yes, you wouldn’t have all the charts required so the answer is don’t leave the yard.
scanny77:
i realise that this scenario is fairly unlikely but it would be possible under the circumstances explained by Jammy. i like to cover my own back so this level of incompetence would result me in telling them to poke it
And in that case you could have no complaints when they let you go for failing to comply with company policy.
scanny77:
and i would hand them in at the end of the last shift of the week (with the exception of the last chart). that way, my responsibilities are covered legally
The responsibility for the disc’s all lies with the company. They are responsible for issuing the disc’s. They are responsible for checking the disc’s. They are responsible for storing the disc’s and they are responsible for
ensuring you have the required disc’s with you while you are on the road. If they haven’t given you all the disc’s you require before you are ready to leave, then don’t leave the yard.
scanny77:
then again, it is widely known that i have an attitude problem
I’m saying nothing. 
I have to hand them in at end of shift and i am given them back at start of new shift i always have the previous weeks and what i have used up to this week, there is no problem with having the legal amount i need the problem is that when i hand them in i put them in the nice little paper folder and then in to a nice big plastic folder like this
foldersgalore.com/Resources/waveradioa.jpeg
Someone is taking them out and inspecting them which i dont have a problem with but they arent putting them back which is ■■■■■■■ annoying me.
Coffeeholic:
scanny77:
i meant before you left mate ie you pick them up to find one missing. what would you do? technically, would you be driving illegally?Technically yes, you wouldn’t have all the charts required so the answer is don’t leave the yard.
scanny77:
then again, it is widely known that i have an attitude problemI’m saying nothing.
im sure my boss will appreciate you giving me more ideas on how to create headaches. i normally start at 5am but the supervisor doesnt come in til 9 
anyway, i do sympathise with the original problem here. i would get myself a copy of this policy so that if asked, i could produce something in black and white stating that the charts are handled every night by someone else and that is how they are damaged. again, better to have some kind of defence than nothing at all
it would pay you to buy or get hold of some cd/dvd plastic wallets that kids use for their discs,they make great tacho wallets and are almost bomb proof.most stationary shops or woolies sell them.
As Neil has said there is nothing wrong with the company taking the discs off you at the end of one shift and giving them back before the next, it’s only treating what is theirs in the same way as their wagon keys.
But. If they are getting damaged when out of your hands you need to write a short letter to the TM, Transport Director, MD, or whoever is instructing you explaining the state of their return and keep a copy for yourself. If you are really concerned write a short defect note each time it happens and keep it with the discs concerned.
Salut, David.
Spardo:
If you are really concerned write a short defect note each time it happens and keep it with the discs concerned.Salut, David.
Can i do that ? and write them in the vehicle defect book?.
So what are you supposed to do if you have handed your tachos in and want to do some agency work?
Unless they have put it into your contract that you cant work for anyone else I would think you could argue that they are breaking the law by not alowing you to.
ralliesport:
So what are you supposed to do if you have handed your tachos in and want to do some agency work?Unless they have put it into your contract that you cant work for anyone else I would think you could argue that they are breaking the law by not alowing you to.
We have signed in our contracts for exclusive employment.
Well the only other thing is to tell them that tachographs are legad documents and that you will complain to VOSA that your company is damaging them.
Seems a bit OTT to me, most companies like to take a copy of the tacho’s since us dodgy agency drivers can’t be trusted to hand them in, but never heard of employed drivers having to leave the originals there until they are finished with !!!
G
