I am really hoping that someone here can advise me on something that I am really, really worrying about. It’s a question about tachograph records.
I’ve only been driving a year. Fresh off my test, no experience, get a job in a small yard which repairs trailers. On a typical day I will shunt several trailers in the yard, deliver one or two back to customers, shunt a bit more in our yard again and then go home.
We have two trucks. One is a digi, the other analogue, We use the analogue one predominantly for shunting, although it does occasionally go out for a run when the digi is out. Sound okay so far?
For the past YEAR I have been shunting in our yard with no tacho in the analogue truck - and I have only been using my digi card when I’m on the road. I have recently found out that if you use the public highway at all during a working day, you must continue to use a tacho for the rest of the day…well I haven’t. I’ve been pulling the card when the digi truck is parked, jumping into the analogue one and shunting with no disc.
I have been making Other Work manual entries on my digi when I do get around to driving in that truck, and have been making manual entry working time breaks as well as driving breaks when necessary. If I do go out on the road in the analogue truck, I use paper discs and keep them safe.
I am worrying now because I am realising I could have a case on my hands…on my timesheet from which I am paid it clearly shows which trailers I have shunted with no discs for the analogue truck which moved them. And this has been going on for a year.
Why have I been doing this? Because I didn’t know any better. I thought, why would I need a disc on private land and waste driving time…sometimes I need every minute I can get my hands on!
The more unpleasant members of the forum will no doubt rip me to pieces for this but I honestly didn’t know I was doing anything wrong. I realise ignorance is no excuse and ‘well the boss said it was ok’ is also no excuse but that’s my story. The boss DID say shunting on private land is ok without a tacho and I believed him because I am an idiot. The management here is not interested in my questions, it is a small firm and they know nothing about the rules and regulations. It is up to me to keep everything legal and seek my own advice which it looks like I’ve cocked up.
Is there anyone here who really, truly knows what they are talking about in relation to my post? How much trouble am I in if VOSA stop me?
I have heard stories of court summons and prison sentences for fraud and false recordkeeping and I am genuinely worried.