If the driver does hand charts to the agency and they get lost, who is liable and what could the driver expect as punishment ?
Ultimately the driver is responsible as they are required to return the chart to the Transport Undertaking, not the agency. The fine upon conviction is a maximum of £ 2 500 per offence. But before everybody goes off shouting ‘foul,’ remember that the prosecution would have to pass ‘the public interest test’ before it went to Court. If the driver could show that the charts had been returned to the agency then it is ‘likely’ that would be the end of the matter, but it depends upon individual circumstances.
Working for agencies as both a driver and a consultant each one has been different
By rights you should hand your charts to the company you worked for, however most agencies ask you send them to your consultant/office. The issues that can come from this where really highlighted when i worked as a consultant for Manpower.
Manpower do not take your charts from you and request that you send them directly to the client. There standing on this is because they do not hold the o license then they cannot hold the charts in the eyes of the law.
I would personally hand or post them to the company you worked for via recorded mail and claim the postage back. That way you are covered.
Spacemonkeypg:
Working for agencies as both a driver and a consultant each one has been different
By rights you should hand your charts to the company you worked for, however most agencies ask you send them to your consultant/office. The issues that can come from this where really highlighted when i worked as a consultant for Manpower.
Manpower do not take your charts from you and request that you send them directly to the client. There standing on this is because they do not hold the o license then they cannot hold the charts in the eyes of the law.
I would personally hand or post them to the company you worked for via recorded mail and claim the postage back. That way you are covered.
I believe that is how it should be, instead of the operator (Transport Undertaking) only getting photocopies then having the hassle of making sure they are returned from the agency, let the agency ask for photocopies if they need them, but a simple timesheet signed by the customer should suffice for their internal records.
Manpower do not take your charts from you and request that you send them directly to the client. There standing on this is because they do not hold the o license then they cannot hold the charts in the eyes of the law.
Exactly, thats how I always understood things too. Quite simply the agency is not entitled to ask for or hold the charts etc.
Does that suspicion stretch to unruly dogs and frequent traffic office fires too?
Ultimately yes, especially when the only thing burnt was a pile of waxed paper charts, the computer system, bosses leather chair and drinks cabinet all survived without a mark on them.
Not sure about dogs eating charts. The only case I know of was a Traffic Examiners’ dog that munched a few charts that had been seized as evidence. Probably the less said about that the better
geebee45:
The only case I know of was a Traffic Examiners’ dog that munched a few charts that had been seized as evidence. Probably the less said about that the better
Carryfast:
So the driver works for a different operator each day and then has to go round every day handing each chart in to each and every different operator at the end of each chart’s retention period.Yeah right.So when does he get any work done?.
Don’t ask me, I didn’t write the rules, I’m just telling you what they say…
All I’m saying is that if you pass the cards to the agency and they fail to pass them on to the operator then technically you the driver are liable.
Personally I will hand them in myself to places I go fairly often, if it’s an odd day somewhere I’m unlikely to be back at before the 42days are up I’ll send them to the agency and take the risk on it getting lost en route.
Of course this is becoming less and less of an issue as the vast majority of the people I work for are on digital now anyway.
Carryfast:
So the driver works for a different operator each day and then has to go round every day handing each chart in to each and every different operator at the end of each chart’s retention period.Yeah right.So when does he get any work done?.
Don’t ask me, I didn’t write the rules, I’m just telling you what they say…
All I’m saying is that if you pass the cards to the agency and they fail to pass them on to the operator then technically you the driver are liable.
if it’s an odd day somewhere I’m unlikely to be back at before the 42days are up I’ll send them to the agency and take the risk on it getting lost en route.
Paul
So after all that advice it still ended up just as I said?.Anyway luckily for me I only had to work for an agency for a very short period during a layoff from my long term employer.It was a very large well known agency and contrary to one of the comments on here concerning the same one I was told to always return my charts to the agency supervisor.IF those charts had been lost between the agency and the operator I still reckon that proof of giving them to the operator’s contractual agent would have cleared me but put both the operator and the agency in breach of the law.The law on the subject seems to me to be arguable as to the wording of the ‘operator’ for the purposes of handing over charts as an employed driver?.The ‘operator’ in that case would be any contractual agent working on his behalf in charge of the drivers employed by him?.The ‘operator’ personally would be the person with the name as the o licence holder?.So he’s out of the country for 6 months on an extended holiday spending all his money.Now who do drivers employed by the operator during that 6 month period hand their charts to??.
