normaly card must be keep record for 28 day,company keep record 2 years,but card can remembers last 50-100 day.all depend from activities.if drivers have small infigiment,VOSA can give penalty just for infigiment in last 28 day or■■?
As UK law currently stands VOSA (not the Police) can only give a fixed penalty for a drivers hrs or Tacho offence that they can issue a Prohibition Notice for. In other words, you get stopped this morning and you only had 8 hours daily rest from when you finished yesterday. Prohibition notice issued for insufficient daily rest and Fixed Penalty to go with it. The vehicle is going to be immobilised so there is a release fee to pay as well.
If you committed the daily rest offence a couple of days ago and have had a correct daily rest period since, then no Prohibition and no Fixed Penalty. However they can take the matter to Court. For the usual run of the mill Tacho and drivers hours matters they must report the matter to Court within 6 months of the offence happening. For false records the time limit is 2 years.
VOSA at the roadside shouldn’t go back more than 28 days on the card record - too much like hard work with their software and the time available. Also, if they did that would be enforcing unfairly compared with drivers of vehicles fitted with analogue Tachos.
The above does not apply to the Police, who often use automated drivers hours analysis software and will go back the full 6 months in many cases.
The legislation was due to change early this year to allow VOSA to deal with ‘historic’ offences. Another thing this government hasn’t got around to doing.
ithis month was for me some “black month”.2 time taked break later for 7 and 20 minut (was traffic).and one day due traffic was driving 3 time per week more for 9 hours(as well becouse was traffic)i dont worry if they give penalty for this offences .I pay him nezt day.
geebee45:
The legislation was due to change early this year to allow VOSA to deal with ‘historic’ offences. Another thing this government hasn’t got around to doing.
I think there would be all sorts of legal challenges if they did that .I’m sure i will have a few infringements from when i was new at the job and had minimal training ,basically i was just given the big book of tacho rules to read ,and lets face it the only reason why VOSA would need to go back that far to prosecute infringements is to raise money
Anyone kept an old log book from the 60s? Better shred it just in case…
You seem to ask about this type of thing quite often
I think I would be right in saying that for anything over 28 days then a site visit by VOSA is usually the way but to trigger a site visit VOSA would have suspicions that something was amiss
claretmatt:
You seem to ask about this type of thing quite often
Am i right in saying that if an infringement (lets say break times)is uncovered on the roadside and Vosa think it may be a regular occurrence ,don’t they have the power to check all existing records and prosecute for that driver no matter the time period
martyh:
Am i right in saying that if an infringement (lets say break times)is uncovered on the roadside and Vosa think it may be a regular occurrence ,don’t they have the power to check all existing records and prosecute for that driver no matter the time period
Up to 6 months back I think
It would have to be more than a one off for them to start investigating further
If you drive 2 days a week for 3 months, then the day 1 data gets over-written by the day 29 data - which won’t be occuring for the entire 3-month period if you think about it… 
That infringement you thought “rolled off” after a single month can actually remain on the card for more than 3 times that… 
Winseer:
If you drive 2 days a week for 3 months
then those records are likely to sill be there for well over a year
the amount of data being put onto a digicard determines when the original data on it starts to be over written
Data can stay on a Digital Driver Card a lot longer than most people think. The 28 day thing is a ‘minimum’ specified by the legislation and is based upon 93 changes of activity equals ‘one day.’ Looking at my own card I still have data from the beginning of December 2011, the card is used usually 4 times per week and in many cases the full six shifts.
The Statute of Limitations for driving hours offences is six months from the date of the offence. That means that the prosecuting authority; VOSA or CPS have to inform the Court of the offence within 6 months of you actually committing the offence. This does not include serving the summons on you or you actually appearing in Court.
If a number of offences are detected at a roadside check then a follow-up visit at the operators premises is undertaken to look for other potential problems.
Yes, what he ^^^^^^^^^^^^ said.
During the great digicard epidemic of last year, my card got downloaded by everyone wanting a full printout of it as a hard copy. On this printout (that I might not have done otherwise) was data related to old RM vehicles that I’d not driven since leaving RM 18 months earlier… Proving the arguments that remnents remain for whatever reason that actually is.
Wouldn’t it be ‘safer’ to lose your card every so often. A new card is only £17 and gives you a ‘clean slate’ and could be handy if you ‘may’ have committed an ‘offense’.
Yes mate, but only really worth doing if you’re a serial offender & you’ll probly get caught before you get shut of one of the cards at some stage anyway.
Plus they might get suspicious if you start losing cards or damaging them on a regular basis and pay you a sight visit to rip the head unit data, then you’re boned.
Best off with a magnet if you’ve got the horn for it.
Hello everyone, ive got here a question and im sure i got here the right people to ask for,ok lets start , i have applied for an digital tachograph in the UK,this is my first digi in the UK before i have had a german issued at 2007 and valid till 2012 and send them in to DVLA as requested,so i applied for a new one since i want to drive further here,so my question now , if in this old digicard is any offence with breaks and resting hours could they still charge me in prosecute now in 2016? or is it statute barred? Because in Germany there is a timeline two Years and after Barred but here in the UK I do not know the Law.Thank you for your Help
Yorkysays:-:
Wouldn’t it be ‘safer’ to lose your card every so often. A new card is only £17 and gives you a ‘clean slate’ and could be handy if you ‘may’ have committed an ‘offense’.
Except that the tacho head also retains the information and downloads it so there is no such thing as a clean slate unless you can be sure that the tacho head which can store many many months of data never gets downloaded.
stel309:
Hello everyone, ive got here a question and im sure i got here the right people to ask for,ok lets start , i have applied for an digital tachograph in the UK,this is my first digi in the UK before i have had a german issued at 2007 and valid till 2012 and send them in to DVLA as requested,so i applied for a new one since i want to drive further here,so my question now , if in this old digicard is any offence with breaks and resting hours could they still charge me in prosecute now in 2016? or is it statute barred? Because in Germany there is a timeline two Years and after Barred but here in the UK I do not know the Law.Thank you for your Help
Here in the UK it’s six months for minor offences (such as tachograph infringements) - The sort of things which would be dealt with in a Magistrates Court.
stel309:
Hello everyone, ive got here a question and im sure i got here the right people to ask for,ok lets start , i have applied for an digital tachograph in the UK,this is my first digi in the UK before i have had a german issued at 2007 and valid till 2012 and send them in to DVLA as requested,so i applied for a new one since i want to drive further here,so my question now , if in this old digicard is any offence with breaks and resting hours could they still charge me in prosecute now in 2016? or is it statute barred? Because in Germany there is a timeline two Years and after Barred but here in the UK I do not know the Law.Thank you for your Help
Was this whilst working in Germany on your German card? Even if they checked the old card I would be surprised if they could fine you for any old infringements occurring on a German card whilst not driving into the UK. God knows 
. I can’t see them extraditing you in cuffs or passing your infringements to Interpol or the German driving authorities. It’s not like you’re Al Capone. Or are you?
If the old card has expired then nobody is going to be looking at it.
If the old card has been downloaded by a UK company before it expired and DVSA happen to visit that company and happen to check back far enough then it may become apparent - but highly unlikely.
DVSA can only issue a fixed penalty on the day of the offence - although this may change later this year and allow them to go back 29 days.
DVSA will consider prosecution for 4 or more offences within the last 6 months and wouldn’t go back any further unless fraudulent records were found in which case up to 2 years max
In other words - don’t worry about your old card and just get things right from now on