Useless Tachograph Rules

Not in your own yard, for gods sake what person who could not dress himself in the morning and gets back to his own yard and has to move a few feet to fuel and then move a few feet to park thinks about taking a 45 is in the right frame of mind, you get back to yard and take card out if time running out, fuel up and park, no one will say anything to you, never, and if they did you card shows it was not you, END OF STORY. company problem.

nightline:
Not in your own yard, for gods sake what person who could not dress himself in the morning and gets back to his own yard and has to move a few feet to fuel and then move a few feet to park thinks about taking a 45 is in the right frame of mind, you get back to yard and take card out if time running out, fuel up and park, no one will say anything to you, never, and if they did you card shows it was not you, END OF STORY. company problem.

Driving time ran out at the gate ?.Driving in the yard counts as driving time.The vehicle was moved within a very short period of the card being removed with the card showing a manual entry directly from the relevant period of driving.At which point trust me the Vostapo can ask both the driver in question shown on the card ‘and’ the guvnor ‘who’ moved the vehicle and why was the card removed directly at the end of a driving period.The answer at ‘that’ point needs to be an accurate and very honest one. :bulb:

Never happen

Although my actions could be deemed OTT my point is it was my only 100% legal option. Pulling the card isn’t an option, continuing and doing a print out is something Ive done before, if it’s genuinely a few minutes I wouldn’t worry at all.

Just to clarify it’s a few yards between public roads.

ffs simple pull the card then stick the magnet on job done :smiley:

Pull in yard and stop vehicle on pump or somewhere else at 14 hrs 55 minutes, Select other work. Ring traffic office: "You’ve got your vehicle back, it’s on the pump and my time is up, get the shunter/someone else to deal with it, notes are on the dash, goodnight. " Select rest, pull card at 14 hrs 58 minutes. Walk to car. Turn personal mobile off.

cav551:
Pull in yard and stop vehicle on pump or somewhere else at 14 hrs 55 minutes, Select other work. Ring traffic office: "You’ve got your vehicle back, it’s on the pump and my time is up, get the shunter/someone else to deal with it, notes are on the dash, goodnight. " Select rest, pull card at 14 hrs 58 minutes. Walk to car. Turn personal mobile off.

This isn’t beyond unbelievable, no doubt some here would pull the card and just crack on until the job was done, hero’s every last one of them.

mazzer:
ffs simple pull the card then stick the magnet on job done :smiley:

isn’t it interesting that the opinions from this side of the water tend to have a more " relaxed" attitude to those in beancounter land?..beggars belief as to why th questions asked in the 1st place…but there you go :unamused:

I had similar the other night as I pulled into the yard. To be honest I stopped put the card on rest for five mins while I just finished my paperwork. Popped the card then dropped trailer and parked up. Don’t see any harm in that

midlifetrucker:
Don’t see any harm in that

While technically illegal, no ones going to know and I doubt anyone would care.

Exactly

removing your card and continuing to work is fraud and can land you in jail for a fraudulent record (worst case senario) . Continuing to work with the card in and creating a "bad card "will land you with a possible fine (worst case senario) .
Your choice .

beefy4605:
removing your card and continuing to work is fraud and can land you in jail for a fraudulent record (worst case senario) . Continuing to work with the card in and creating a "bad card "will land you with a possible fine (worst case senario) .
Your choice .

With the scenario in question there could not be a fine. A fine can only be issued for a current offence and this offence would not have been detected on that day.

You are right about fraud though. Technically removing the card and failing to record further activities is a false record. It would need a bit more than just this though.

Carryfast is also perfectly right about the questions that would be asked - good luck to anyone willing to lie when under caution.

I just can’t see what the fuss is. For the scenario described, leave card in and proceed. It would be a minor offence worthy of a verbal warning at most. Most of the other advice given would result in committing a serious offence worthy of much deeper investigation and a possible trip to court. Those who think it’d never be found may be right but knowing the extent DVSA sometimes go to to uncover such activities I’d not risk it.

I seem to remember a recent case in Commercial Motor of a driver convicted for fraud. One of the events listed was fuelling up without a card inserted and along with a few more false records his vocational licence was revoked.

shep532:
I seem to remember a recent case in Commercial Motor of a driver convicted for fraud. One of the events listed was fuelling up without a card inserted and along with a few more false records his vocational licence was revoked.

To be fair the combination of speed limiters and 90 kmh limit and ridiculous 4.5 hour driving time limit and tachographs that record time to a much finer tolerance than log books,has the potential to unfairly pressurise and criminalise drivers to an unacceptable degree compared to domestic regs and 60 mph limit.On that note the OP’s topic title is arguably justified.Let alone when the stress of trying to maintain EU hours regs is combined with the equally ridiculous reduced rest facility contained within those same regs.

I arrived back in the yard the other week on 14 hours 55 minutes duty time. I parked just inside the gates and pulled my card, handed in my paperwork and went home.

It is illegal to go over 15 hours and I wouldn’t fancy arguing “I was in the yard and wanted to go home” line with the TC if they ever got wind of it. But as said above, many hero’s would pull the card, drop the trailer, fill up, adblue then wash the truck :unamused:

TBH I don’t think the company would allow/cause/permit/encourage me to break the law and I would probably get banned from the company for working off the card.

The rules - or rather the rules for enforcement - allow for these odd occasions when situations occur that means when we need to break the rules it will be tolerated. What won’t be tolerated is hiding the fact by pulling the card etc

The Enforcement Sanctions Policy tells us for some offences that if the driver has reasonable justification and it is infrequent then just a verbal warning.

The TC is only interested in regular/persistent offenders or those that hide things.

tachograph:

Mattwoodtransport:
One of the biggest anomalies I find in the rules is you can do an hours work followed by 4.5 hrs driving but you can’t do 4.5 hrs driving followed by an hours work. It’s written wrong.

I agree, it’s strange that the way it’s written you can wear yourself out ■■■■■■■ heavy sacks for 1.5 hours then do 4.5 hours driving, but you can’t legally do 4.5 hours driving followed by 5 minutes paperwork :confused: :slight_smile:
OK generally it won’t affect people but you have to wonder if anyone actually read what they wrote before sending it out as a directive.

I don’t know if it was written wrong or translated/interpreted wrong but it certainly makes no sense.

Contraflow:
Says who?

Says the regulations.

:grimacing: :grimacing:

would be easier to get rid of all the working time ■■■■■■■■ and go usa style 10 hours driving then you park up simple as.

I used to hate having to stop for a boring 45 when in the groove so to speak. 45 mins break sometimes left me feeling more tired than driving straight through.

And what happens with him if he have accident while driving over the time or with digi card out? Just minor fender bender Im talking about.Troubles with insurance company, police, dvsa, company TM, mandatory cpc training, what?
Better safe then sorry!

shep532:
The rules - or rather the rules for enforcement - allow for these odd occasions when situations occur that means when we need to break the rules it will be tolerated. What won’t be tolerated is hiding the fact by pulling the card etc

The Enforcement Sanctions Policy tells us for some offences that if the driver has reasonable justification and it is infrequent then just a verbal warning.

The TC is only interested in regular/persistent offenders or those that hide things.

It seems obvious that the ‘rules’ have been drafted in a way which maximises the potential for trucks being used as mobile warehouse space while being kept waiting at loading and unloading points.With detrimental impact on driver daily rest periods to match.

While at the same time crippling the flexibility and productivety of the industry in terms of tonne/miles run by making runs which should be easily doable virtually impossible.At least without drivers having to regularly be caught in the catch 22 of that ridiculous combination of 90 kmh speed and 4.5 hours driving time limits.On that note we’re not talking about ‘odd occasions’ we’re talking about a regular often everyday problem suffered by numerous drivers especially in the case of long haul trunking operations.

In which case what’s needed is a an effective call,for at least a domestic operations opt out of the bs EU regs.In favour of a return to domestic regs ( suitably brought into the 21st century with a 12 hour minimum daily rest requirement ) and domestic speed limit.In which the definition of ‘domestic’ means what it says on the label.