URTU 'Wheels' magazine - VOSA FPN list

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Just got the WHEELS mag from URTU and inside there is a pull-out with what seems to be a comprehensive list of the VOSA Fixed Penalty Fines.

The one that does not seem to be there is the ‘offence’ of not carrying a DIGI-CARD if one has been issued :confused:

Have they just missed it out■■?

2

ROG:
Just got the WHEELS mag from URTU and inside there is a pull-out with what seems to be a comprehensive list of the VOSA Fixed Penalty Fines.

The one that does not seem to be there is the ‘offence’ of not carrying a DIGI-CARD if one has been issued :confused:

Have they just missed it out■■?

I use the VOSA site on businesslink, Rog, you need to register I think but it is free.

It looks like a Level 4 offence and £200

3

Simple answer, the offence is ‘fail to produce’ contrary to Article 15(7) of Council Regulation (EEC) 3821/85, which covers Digital Driver Card, Record Sheets (Tacho charts by their proper name), printouts and manual records.

The penalty under GFPD is a Prohibition and £200. In Magistrates Court the fine is up to £ 5000.

4

geebee45:
Simple answer, the offence is ‘fail to produce’ contrary to Article 15(7) of Council Regulation (EEC) 3821/85, which covers Digital Driver Card, Record Sheets (Tacho charts by their proper name), printouts and manual records.

The penalty under GFPD is a Prohibition and £200. In Magistrates Court the fine is up to £ 5000.

So they missed putting it on the list - or did they…

Failing to produce, and permit inspection of, driver card at roadside

I think that covers it but does not make it clear that it MUST be carried at all times when driving commercially even if the card has never been used for example…

Strange rule…

5

Rog said;

I think that covers it but does not make it clear that it MUST be carried at all times when driving commercially even if the card has never been used for example…

I think the legislation (EEC) 3821/85 Article 15.7, which I’ve copied below makes it very clear what the driver has to produce at a roadside check. If in any doubt look at 7(a)(ii) and 7(b)(i). We’ve only had this in place for 4 years 2 months!!

It isn’t upto the the law enforcement agency to describe in a guide to sanctions and penalties what the rules are, that is the purpose of the drivers hours guides; GV262 and PSV 375.

Before anybody makes a comment I know that the 15 days has been replaced with 28 days, but this is the wording taken from 3821 before it was modified in 2007 by (EC) 561/2006.

  1. (a) Where the driver drives a vehicle fitted with recording
    equipment in conformity with Annex I(analogue Tacho), 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.

(b) Where the driver drives a vehicle fitted with recording
equipment in conformity with Annex IB (digital Tacho), the driver must be
able to produce, whenever an inspecting officer so requests:
(i) the driver card of which he is holder;
(ii) 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, and
(iii) the record sheets corresponding to the same period as the
one referred to in the previous subparagraph during which
he drove a vehicle fitted with recording equipment in
conformity with Annex I.

6

Many thanks geebee45 for your simplistic and understandable responses. At a time when enforcement appears to be at the fore, I’m sure that your advisory approach is greatly appreciated amongst regular posters on this forum, as well as drivers such as myself who often surf, but contributed little. :smiley:

7

Question for geebee45

Do you happen to know why they put this into the regs ?

8

Sorry ROG I must admit to having lost the ‘thread’ on this one :smiley:

Do I know why they put what into the legislation?

9

geebee45:
Sorry ROG I must admit to having lost the ‘thread’ on this one :smiley:

Do I know why they put what into the legislation?

The fact that a driver who holds a digicard MUST produce it when there is nothing on it for the previous 28 day period

10

ROG, the answer is simple. If the card isn’t produced at a roadside check how does the Enforcement Officer know there is nothing on it? The answer is, they don’t. To attempt to overcome the issue of folk double shifting with one shift on charts and the other on the card and only producing one set of records, the requirement was set in the legislation that if you had been issued with a card you had to produce it.

11

geebee45:
ROG, the answer is simple. If the card isn’t produced at a roadside check how does the Enforcement Officer know there is nothing on it? The answer is, they don’t. To attempt to overcome the issue of folk double shifting with one shift on charts and the other on the card and only producing one set of records, the requirement was set in the legislation that if you had been issued with a card you had to produce it.

Thanks - now I see the reason :smiley:

12

ROG:

geebee45:
Sorry ROG I must admit to having lost the ‘thread’ on this one :smiley:

Do I know why they put what into the legislation?

The fact that a driver who holds a digicard MUST produce it when there is nothing on it for the previous 28 day period

ROG dont you think that was a bit of a daft question :question: :unamused:

“h’nest orficer there is nothing on my digi card from the last 28 days, the paper charts prove it” :exclamation: :wink:

13

Cruise Control:
“h’nest orficer there is nothing on my digi card from the last 28 days, the paper charts prove it”

I don’t have any paper charts officer - only whats on my digi - honest !!