Sorry if this has already been covered but I cannot find it when searching the forums.
I have been using Driver cards for ten years and when, at the end of the shift I eject the card I sometimes remember to select break but most times forget. I have never had an infringement for exceeding daily or weekly rest as the card has always recorded the ejection as rest. I have not on the next duty had to manual entry rest for the previous 11,9, or weekly rest- it has been recorded accordingly. Today, Wednesday, I started work at 07;00. at the end of the shift I was told I had not taken weekly rest! I finished work on Friday, ejected the driver card and next worked on Tuesday- Sat Sun Mon off. The T.M. told me that I had been on Other work since Friday, 17;15 (when I ejected the card). Apart from driving Tuesday. No periods of Rest were recorded for Sat Sun Mon. I now have a serious infringement and cannot work for 72 hours to catch up the Rest.
Friday I used an Iveco for the first time. Is it, as I suspect, a new Tachograph that has to be put on break everytime and does not record the ejection as rest. I need an explanation as if Mr VOSA examines the card he too will ask the question. Is it a particular make or specified setting that has been put into the VU? Any help would be appreciated. I know ultimately it is my responsibility but I have never had this.
Do 2 printouts for Friday and write weekly rest started at 17:15 and 2 for Tuesday and write weekly rest ended at whenever.
Copy of each to TM and copies for yourself and your fine to drive.
Can’t see why you’ve got to have 72 hours rest as you’ve got the infringement and damage is done so to speak so more rest won’t make a difference.
I’ve always got into the habit of switching it onto rest before removing or inserting card.
I bet you put your card in and moved before it had time to process which makes the unit think you’ve been at work all this time.
This being the reason I always put the unit on rest when removing the card
It does sound as though this will be related to you having used a later version tachograph.
With the version 2 from 2012 onwards I would always recommend a full manual entry is done to record your rest. I would also recommend you select the bed symbol before ejecting the card and select bed before inserting the card. No legal or logical reason to suggest this apart from it does seem to stop what has happened to you happening.
Some of these newer (not all) tachos seem prone to filling in the time the card was out with whatever activity was last recorded. They shouldn’t - but they do.
As for the infringement - there isn’t an infringement. You did have the rest. All we have is an incorrect entry on the digi card which can easily be explained. As has been said do a print out, write down the timings for the actual rest period and carry on.
If you TM is making you take the time off I suggest he needs to attend a refresher course for his CPC and brush up his knowledge.
All of this selecting rest before ejecting is nonsense. Most likely your normal truck is the older style tacho which records any gap in your cards history (that’s not accounted for with a manual entry) as time spent as ? The ? is used as during that time you may be using a vehicle with an analogue tachograph.
nx1100:
the card has always recorded the ejection as rest
The card will be recording this time as ? (unaccounted time) and not rest. This unaccounted time will still reset you current driving time, daily driving time, daily rest and weekly rest providing the hours the card is removed are sufficient.
nx1100:
Friday I used an Iveco for the first time
nx1100:
No periods of Rest were recorded for Sat Sun Mon
If no rest was recorded for the Sat Sun or Mon then it was the vehicle you used on the Tuesday and the manual entry you made on the Tuesday which gave you the infringement, not Friday’s vehicle/entry.
The 1.4 version tachographs will record any activity where the card is not in a machine as other work unless you make a manual entry to counter this.
As others have said, do printouts explaining the reason and there’s no need to take 72 hours off (would only need 24/45 anyway)
shep532:
It does sound as though this will be related to you having used a later version tachograph.With the version 2 from 2012 onwards I would always recommend a full manual entry is done to record your rest. I would also recommend you select the bed symbol before ejecting the card and select bed before inserting the card. No legal or logical reason to suggest this apart from it does seem to stop what has happened to you happening.
Some of these newer (not all) tachos seem prone to filling in the time the card was out with whatever activity was last recorded. They shouldn’t - but they do.
As for the infringement - there isn’t an infringement. You did have the rest. All we have is an incorrect entry on the digi card which can easily be explained. As has been said do a print out, write down the timings for the actual rest period and carry on.
If your TM is making you take the time off I suggest he needs to attend a refresher course for his CPC and brush up his knowledge.
I think your TM reckons he can get brownie points by saving a bit of money so has told you to take 72 off. If it was me I would fix him on return and fill in a defect note for the offending vehicle stating: ‘tachograph faulty recording incorrectly’ and keep a copy yourself.
I’ve never put my card on rest prior to ejecting it, ever. Never had any comeback whatsoever. I am of the opinion that, as I’m in the process of removing my card, handing in the keys & paperwork, I’m still working and therefore not at rest anyway. Correct or not I’ve never been picked up for it. Unlike the time I had an unforeseen night out working for ASDA, I was informed a week later that I had an infringement for insufficient rest, 9 hrs exactly, as I had been working while filling in my old & new tachograph charts.
I’ve had the same problem, I think because I put the card in and got distracted before making a manual entry, mine recorded “POA” so they all said I must have kept my boots on all weekend.
Make sure you make a manual entry when starting work after a rest period and it shouldn’t happen.
BillyHunt:
I’ve never put my card on rest prior to ejecting it, ever. Never had any comeback whatsoever. I am of the opinion that, as I’m in the process of removing my card, handing in the keys & paperwork, I’m still working and therefore not at rest anyway. Correct or not I’ve never been picked up for it. Unlike the time I had an unforeseen night out working for ASDA, I was informed a week later that I had an infringement for insufficient rest, 9 hrs exactly, as I had been working while filling in my old & new tachograph charts.
+1. It always takes me about 10 minutes after ejecting my card to go to the office, hand the keys in, hand the paperwork in, book the trailer in on the computer and download my card so I do a manual entry the beginning of the next shift. My end time on my timesheet is 15 minutes pay after my card is ejected and having it recorded on my card removes any ability for anyone to use it as an excuse to knock that 15 minutes off.