Got back to the yard tonight and the boss has set a new system up.
The problem is i think he is breaking the law. I will explain.
Old System:We got debriefed and our tachos were photocopied.We then had our tachos returned to us.
New system.We get issued with a work folder wgich is supposed to be specific to each driver.At the end of the day we are supposed to hand this folder in complete with time sheets and tachos [if we have been on a tacho equipped vehicle that day].The tachos are kept in the companys possesion either overnight or untill the next time you are called in.
I always thought,and was told so,that it is the DRIVERS responsibility to keep his/her tacho untill the 7 day limit has passed when they are then handed into the company.
I believe that the company are breaking the law by keeping what is,in effect, my property.
Or Am I Wrong??
If so can anyone tell me what the rules and regs are? Please.
I think the tacho’s belong to the company, after all they buy them, all the law requires from you is that you should have the last one of the previous week you worked and all from the present week, and tachographs are to be returned to your employer after 21 days.
So the way I see it, as your company only holds onto your tacho’s until you go up the road again, this is legal. It sounds like somebody in the company has lost tacho cards between finishing and starting work and this has been set up to reduce the chances of cards going missing.
Ok,you lose the company tachos and are on a night ouit so you use another tacho which you have because you bought some get back to base,who owns the tacho■■?
I would say they belong to the company as they are responsible for accounting for miles driven per vehicle and as each tacho has milage and vehicle registration written on it they are accountable to the company
froggy:
Ok,you lose the company tachos and are on a night ouit so you use another tacho which you have because you bought some get back to base,who owns the tacho■■?
The tacho belongs to the person who operates the vehicle, they are the ones who have to keep them for a year and answer to the authorities if they cannot produce them, and the regulations state that discs must be handed over to them within 21 days. Who paid for the discs is irrelevant, but in the scenario you outline above I hope the company would reimburse the driver for the money spent on the discs, it is the operators responsibility to supply discs, not the driver.
As for the original question I can’t see the company is doing anything wrong by keeping the discs overnight. The only important thing is that while on the road you have all of the current week and the last day of the previous week. If those discs don’t cover a weekly rest period, and it is quite possible that they don’t, it is a good idea to have enough discs with you that show your last weekly rest period in the event of being stopped in a control. It can save a lot of hassle.
When i said “my property” i should more properly have said “my responsibility.”
Sorry but i have had a long day.
I thought and think that it is the drivers responsibility to keep the tachos for 7 days.hmm the wtd works over 28 days-does that interfere with tacho regs?
My boss is of the opinion that drivers are not paid to think.
except when one of them has to cover for an office foul up that is. [the more things change the more they stay the same]
Neverthless i still worry that i may be put in a position where company rules and tacho rules and regs differ markedly.
maverickfoxx:
When i said “my property” i should more properly have said “my responsibility.”
Sorry but i have had a long day.
I thought and think that it is the drivers responsibility to keep the tachos for 7 days.
There is nothing in the rules that says drivers have the responsibility to keep discs for seven days.
You only have to have in your possession, while on the road, all of the current week and the last day of the previous week, this could be as few as two discs if you worked a Sunday and are driving on a Monday.
It could also be as many as eight discs if you have worked Monday - Sunday and driven on each of those seven days, possible if you have taken a twenty-four hour rest period away from base, when you would need all those discs and the last one of the previous week. So you see that the seven day thing you mention wouldn’t work within the rules. As long as the company make sure you have the correct number of discs while you are on the road they are quite within their right to keep them at base overnight.
At no time should you have discs in your possession going back more than twenty-one days.
As others have said; as a driver you are required to produce all the charts for the current week PLUS the last chart for the proceeding week in which you drove. Provided that you can get your driver file each morning before setting out, then it isn’t a problem that your employer retains the charts overnight, when the vehicle is parked at base.
I wouldn’t worry too much about the WTD. As most employers (and their drivers) have opted for at least 17 week reference periods, it is virtually impossible to enforce WTD at the roadside. The only way to look at that time period is for Examiners visiting operating centres. Thinking about it, winter is fast approaching, Ministry Men don’t like getting wet or cold, so expect operator centre visits to start happening soon
jammymutt:
What if you have 4 weeks sick/holiday? dont you still need the previous working weeks tachograph?.
No because you can’t have a disc older than twenty-one days with you. Instead you need a letter from you company explaining the reason you don’t have the disc from your last working day.
get back to base,who owns the tacho■■?
