Hello, happy easter all and thanks in advance for coming on here to read this and hope that someone could help me out…
Nearly 3 weeks ago I turned into work on Tuesday to find my card was malfunctioning. Tried on another vehicle and even tried a download, nothing. The card is dead!
So I carry on with work, doing manual printouts.
I sent card off recorded on Thursday, dvla did not sign for it until following Tuesday 19th march, and according to dvla, it was not sent back out while the following Monday!
So as you can imagine, Tuesday last week I start ringing around pannicking and wondering what to do.
Eventually VOSA put me through to a traffic officer, who after taking my details and making enquiries, phoned me back saying I may continue to drive over 15 days and carry on taking printouts until the card arrives.
Great! So I go into work, do the right thing by informing my transport manager the situation, only to be told no - I cannot work. I even phoned the traffic officer back and put him on phone with transport. Regardless, I’m still told no I can’t work!
Well its Easter Sunday now, still my card hasn’t arrived yet and with no guarantee of it turning up on Tuesday, I’m in dire straits here and what’s worse is I don’t believe I’ve done anything wrong yet I’m out of work and it seems there’s nothing I can do about it!
Phone VOSA T.O. and ask if he is willing to back up what he said to you an TM in writing or email including dates and times and what exactly was stated
If he is willing then you can present that to your employer who then must legally pay you for any missing hours of work as it was their decision not to let you work under your contract
If employer does not then you have a claim in an employment tribunal
If you have a union rep then go to see them
If you do not want to make big waves then perhaps using some of your annual leave for the missing work days but that can only be done with you and your employers agreeing to it
I cannot think of any other course of action - perhaps others can …
I understand why you did it but I wonder if was using recorded delivery that actually slowed it down? If you think how much mail they get - it might be that the need for a signature delays it.
You should have contacted DVLA not VOSA, as I understand it the DVLA would have given you a reference number which would legally allow you to continue driving until the card arrived.
To be honest I can understand your TMs position, an anonymous voice on a phone doesn’t mean anything.
Phone the DVLA Tuesday on 0300 790 6109, of course we can’t say whether or not your TM will then allow you to drive but it’s certainly better than handing a phone with some anonymous bloke on the other end
Surely a case for laws to be made simplier to understand ,as the confusion the beauracrats create is now costing honest people money.
As ROG said ,though I’d get them to email that you are legal to drive.Afterall if they can’t send a new card out ,the chances of a letter arriving ■■ Also an email is minutes to write and send it will be on your bosses pc in minutes…
You could sort it out quite quickly at your DVLA local office.
and as for VOSA, They can give you exemption from having to use a digi card for an agreed length of time. They told me that on Thursday as i was also having problems with DVLA.
Thanks guys, I understand what’s being said. The problem is, what they do with us is not give us driving contracts, but warehouse contracts instead, but then just keep us on transport nearly all time, knowing they can easily get rid of us for a while if they wish, and that’s what’s happened.
So basically, for my card (through no fault of my own) being faulty and not returned, I’m being told that I now have to revert to contract duties which, really, aren’t my usual duties, and accept £2 hour less pay!
This just feels so unfair because I have done nothing wrong and wasn’t my fault my card went faulty in first place!
I will ring traffic officer Tuesday morning, see if he will email me something then take it to union and see if I have a case for, uhm dunno… unfair treatment?
If it was me being a numpty by losing it or something fair enough then I would perhaps take it on chin, but you know when something goes against you and there’s nothing you can do? Just feels wrong
DVLA are responsible for the issuing and ■■■■ up but VOSA are responsible for enforcement so I think the OP would need emails from both to sanction driving without digicard for more than 15 calendar days
In effect those organisations would be sanctioning a breaking of the law - EU regs 561/2006 so do not hold your breath !!
In the USA this would be a case for small claims court against DVLA but here in the UK we do not have a system that makes it that easy to do
tachograph:
You should have contacted DVLA not VOSA, as I understand it the DVLA would have given you a reference number which would legally allow you to continue driving until the card arrived.
To be honest I can understand your TMs position, an anonymous voice on a phone doesn’t mean anything.
Phone the DVLA Tuesday on 0300 790 6109, of course we can’t say whether or not your TM will then allow you to drive but it’s certainly better than handing a phone with some anonymous bloke on the other end
I contacted dvla but they always tell me its vosa I have to speak to
tachograph:
You should have contacted DVLA not VOSA, as I understand it the DVLA would have given you a reference number which would legally allow you to continue driving until the card arrived.
To be honest I can understand your TMs position, an anonymous voice on a phone doesn’t mean anything.
Phone the DVLA Tuesday on 0300 790 6109, of course we can’t say whether or not your TM will then allow you to drive but it’s certainly better than handing a phone with some anonymous bloke on the other end
I contacted dvla but they always tell me its vosa I have to speak to
I’ve never had any reason to contact the DVLA about a late arriving driver card but people on these forums have said that they’ve been given permission to continue driving and given a reference number by the DVLA which can be checked by VOSA.
limeyphil:
You could sort it out quite quickly at your DVLA local office.
and as for VOSA, They can give you exemption from having to use a digi card for an agreed length of time. They told me that on Thursday as i was also having problems with DVLA.
Hey, sorry I missed your post! That’s a good idea, I will gather my passport and license and go into town Tuesday, and I will not leave until I have a card!
tachograph:
You should have contacted DVLA not VOSA, as I understand it the DVLA would have given you a reference number which would legally allow you to continue driving until the card arrived.
I had exactly the same situation a few years ago. My local MP was, at the time, Transport Minister. I’d already gone through the DVLA route, spoken to the local TC and anyone else I could think of. In the end I went to see my MP who said he’d get back to me in a few days.
In fairness to him, he was as good as his words and got back to me personally the next day but said he’d had people trying to find a way round it but after the official time limit there is no way I could legally drive, and he couldn’t even legally give me an exemption. Even if he were to write me a note on the Dept of Transport letterhead and sign it personally it wouldn’t have stood up in court as he couldn’t give an exemption to the law.
Thankfully the next day my new card arrived. But it’s a sticky situation just fo a guy trying to earn a living.
Your right, its a sticky situation. What I cannot help but wonder is a) is the EU law fit for purpose and/or b) if so, whose liable for whats happened?
DVLA have told me that they turned it around in 5 days, and that they send it out with 2nd class which they quote royal mail as taking up to 10 ‘working’ days to arrive. So, 5 working day turn around, 2 days weekend, 10 day postage, plus another 2 times 2 weekend days, that in total is 21 days, yet the law states we are only allowed 15!
Surely DVLA are liable for not turning my card around in time, regardless whether it was due to the post or not?
Would a good soliciter not be able to sort this all out?
I have incurred a loss of earnings, and it wasnt my fault. Surely DVLA should compensate me for loss of earnings due to their choice of using a postal service thats not adequate to turn around my card in good time?
Anyone know a good solicitor that may be willing to look into this? (sheffield area preferably).
Thanks again.
Scarab:
Believe me mate you wont get anywhere with this.
I had exactly the same situation a few years ago. My local MP was, at the time, Transport Minister. I’d already gone through the DVLA route, spoken to the local TC and anyone else I could think of. In the end I went to see my MP who said he’d get back to me in a few days.
In fairness to him, he was as good as his words and got back to me personally the next day but said he’d had people trying to find a way round it but after the official time limit there is no way I could legally drive, and he couldn’t even legally give me an exemption. Even if he were to write me a note on the Dept of Transport letterhead and sign it personally it wouldn’t have stood up in court as he couldn’t give an exemption to the law.
Thankfully the next day my new card arrived. But it’s a sticky situation just fo a guy trying to earn a living.
My card also appears to be one from the faulty batch as I remember receiving a letter from DVLA mid last year about it but as I was no longer driving for a living then the letter just ended up at the bottom of a pile and I forgot about it. Fast forward to this month and I discover that my card now claims to be “invalid” according to the digi tacho display, despite still being in date. After re-inserting it a few times it apparently got bored of telling me it was invalid and appears to work okay . It’s certainly recording data as I’ve being doing print outs before and after and my data is all listed correctly but I get this “invalid” BS on every truck I drive, until I re-insert my card.
Obviously I should do something about it but having had past dealings with the DVLA I’m just slightly concerned that the same thing as above will happen which I’m not prepared to risk. Someone mentioned that it may be possible to sort it out at a DVLA local office - can anyone confirm this to be true? Would make sorting it out a ton easier. Also considering declaring it as lost but I suspect there is probably a fee involved to get a new one issued in that case.
As far as I’m aware the only way to get a faulty card replaced is by reporting it to the DVLA on 0300 790 6109, and sending the faulty card back to the DVLA with a completed Form D777B.
I’m not sure but I believe you may be able to pick the new card up from a local VOSA office if you want to, but it has to be issued by the DVLA so there’s probably no point in having it sent to a VOSA office.
As far as I can remember there’s a charge of £19 to replace a lost card but it’s free to replace a faulty card.
. It’s certainly recording data as I’ve being doing print outs before and after and my data is all listed correctly but I get this “invalid” BS on every truck I drive, until I re-insert my card.