Break time/tachograph infringement - weekly and 45 minutes

Hi guys,

I am a driver of class 2 lorry for 2 months and I managed to mess with my tachograph card at least twice already. Can you tell me how big problems I have now?

  1. I finished work on Friday taking my card out. On Monday I inserted the card and waited for manual entry screen, but once it appeared I decided to check what todays date is so I started to find my mobile phone in my bag. After that I found that manual entry screen gone and I’m not able to set a break time from Friday evening to Monday morning. I did printout for Friday and Monday and the time to Friday 24:00 and from Monday 0:00 to begining of my shift is marked as “?” - In my company we download data from our drivers card everyday so in fact there is some kind of a proof that I didn’t work during weekend. I explained this on reverse of printout (as failing to do manual entry due to screen dissapear) but still - how big problem I have for that during control? How much money I need to prepare to pay for this? Or maybe I should prepare for driving ban? How they will calculate my average weekly breaks/working time with this?

  2. I stopped for a break time on some random motorway layby, close to some class 1 lorry. I had ca. 38 minutes break but the driver in front of me asked strongly to reverse as he could not exit the layby. I did this having in mind that my break will be interrupted and I will need to make another 30 minutes break from that time as first 15 minutes will be completed. I started engine, reversed maybe 30 cm in 2-3 seconds and stopped engine. Then I realised that my break time is still accumulating and I have 49 minutes of break in total and my driving time is cleaned. I was hungry and I done all my work for that day so I did a printout to check if its really 49 minutes of break OR its 38 minutes, 1 minute of driving and then rest of time as break but no, its states 49 minutes in total so I went to my base like nothing happened. But I have read recently how the tacho works and there is up to 29 seconds to not record the duty but it can be read anyway during control. Can you tell me what to think about this one? During control they can fine me for that? For moving my lorry for 3 seconds during my break? Or they will just see 49 minutes break?

I’m trying to stay perfectly legal with the tacho as I cannot accept any huge fines due to my financial situation and now I have two big problems on my head. Can you tell me if there is any chance that both problems are not that serious to make DVSA officers angry with me? OK, I can accept fines like 100-200 pounds - this will be lesson for me for future, but if they punch me with thousands of pounds for that stupid mistakes, then I will be doomed. How long it can hold a „historical” status? 28 days or I can be punished for that after that time too? During my first month I had I think 2-3 work status marked as „?” – two x one minute and one was 1 hour 7 minutes (I waited for unloading overloaded pallets but because I didn’t know if I will go on that lorry or another one, I took my card from tacho, then inserted it again before go, but I moved my lorry from the bay and… yes, manual entry screen gone) but this was explained on printout and now its anyway more than 28 days so I put this into bin.
I am so sad that I have two problems – a stupid problems. I understand fines for people who intentionally break the law or are driving without card etc. But I’m trying to do everything according to rules and still – failed!

What I observed is that learning curve for new drivers is really high, but the tachograph is really annoying, I think the rules should be more elastic. I’m driving into big cities and I could finish my day and have more free proper relax time in my home after work, rather than staying in cab in the middle of nowhere in name of “break and relax time”.

Best regards,
BigWheel

BigWheel:
Hi guys,

I am a driver of class 2 lorry for 2 months and I managed to mess with my tachograph card at least twice already. Can you tell me how big problems I have now?

  1. I finished work on Friday taking my card out. On Monday I inserted the card and waited for manual entry screen, but once it appeared I decided to check what todays date is so I started to find my mobile phone in my bag. After that I found that manual entry screen gone and I’m not able to set a break time from Friday evening to Monday morning. I did printout for Friday and Monday and the time to Friday 24:00 and from Monday 0:00 to begining of my shift is marked as “?” - In my company we download data from our drivers card everyday so in fact there is some kind of a proof that I didn’t work during weekend. I explained this on reverse of printout (as failing to do manual entry due to screen dissapear) but still - how big problem I have for that during control? How much money I need to prepare to pay for this? Or maybe I should prepare for driving ban? How they will calculate my average weekly breaks/working time with this?

The ? symbol is for time that is unaccounted for and in type 1 tachographs the ? symbol always shows for time the driver card is not in a tachograph.

There’s no problem.

BigWheel:
2) I stopped for a break time on some random motorway layby, close to some class 1 lorry. I had ca. 38 minutes break but the driver in front of me asked strongly to reverse as he could not exit the layby. I did this having in mind that my break will be interrupted and I will need to make another 30 minutes break from that time as first 15 minutes will be completed. I started engine, reversed maybe 30 cm in 2-3 seconds and stopped engine. Then I realised that my break time is still accumulating and I have 49 minutes of break in total and my driving time is cleaned. I was hungry and I done all my work for that day so I did a printout to check if its really 49 minutes of break OR its 38 minutes, 1 minute of driving and then rest of time as break but no, its states 49 minutes in total so I went to my base like nothing happened. But I have read recently how the tacho works and there is up to 29 seconds to not record the duty but it can be read anyway during control. Can you tell me what to think about this one? During control they can fine me for that? For moving my lorry for 3 seconds during my break? Or they will just see 49 minutes break?

A sharp eyed enforcement officer may spot it but it’s not likely to be a big problem, the chances of being pulled into a DVSA check point are small and I doubt they would care too much about you being polite enough to move a couple of seconds so someone else can get out.
Next time don’t park so close to the vehicle in front unless you have to :wink:

BigWheel:
I’m trying to stay perfectly legal with the tacho as I cannot accept any huge fines due to my financial situation and now I have two big problems on my head. Can you tell me if there is any chance that both problems are not that serious to make DVSA officers angry with me? OK, I can accept fines like 100-200 pounds - this will be lesson for me for future, but if they punch me with thousands of pounds for that stupid mistakes, then I will be doomed. How long it can hold a „historical” status? 28 days or I can be punished for that after that time too?

You won’t be penalised for infringements of this type after 28 days.

BigWheel:
During my first month I had I think 2-3 work status marked as „?” – two x one minute and one was 1 hour 7 minutes (I waited for unloading overloaded pallets but because I didn’t know if I will go on that lorry or another one, I took my card from tacho, then inserted it again before go, but I moved my lorry from the bay and… yes, manual entry screen gone) but this was explained on printout and now its anyway more than 28 days so I put this into bin.
I am so sad that I have two problems – a stupid problems. I understand fines for people who intentionally break the law or are driving without card etc. But I’m trying to do everything according to rules and still – failed!

When doing manual entries concentrate on that and nothing else, learn to do them properly and you’ll be fine.

BigWheel:
What I observed is that learning curve for new drivers is really high, but the tachograph is really annoying, I think the rules should be more elastic. I’m driving into big cities and I could finish my day and have more free proper relax time in my home after work, rather than staying in cab in the middle of nowhere in name of “break and relax time”.

Most other drivers seem to manage so there’s no reason why you shouldn’t.

Thank you for your answers! I still need some 20 days to get all of these errors clean, but hopefully there won’t be any control. But anyway I have really strong resolution to be really carefull with all those small mistakes that can ruin my clean record, but I won’t be surprised if something will go wrong next week :unamused:
Thanks again and best regards,
BigWheel

? Is accepted as rest if there’s no evidence to the contrary.

Anyone who doesn’t do a manual entry will have ? Allocated for the time that the card wasn’t inserted. ? Just means unallocated time. If you needed to do a manual but it timed out, then you can just do a printout and write on the back whatever you were going to manually enter, perfectly legal

Moving a short amount on a break, you can do upto 58 seconds on a 2nd gen, the last 29 of a minute and the 1st 29 of the next one and the unit will still record it all as break, but within the last year the DVSA have new software that actively looks for these movements and people are getting busted for it, the offence isn’t driving on a break, but driving X amount over 4.5 without the required break

15mins - 1 hour over = £100
1 - 2 hours over = £200
Over 2 hours = £300
If caught on the actual day it’s happened

The day after you’ll only be fined for being over by 2 hours or more, unless you have 4 or more infringements in the previous 28 days

Personally I’d either not move or treat it like the tacho has recorded 1 min of driving time and then have whatever break necessary. But I also wouldn’t worry in your situation and you’d also have to be caught in the same truck as it’s a comparison between the Digi card record and the truck’s record

I’m driving same lorry everyday so that’s mean I’m on higher risk and propably this will cost me 200 pounds as my journey back was approx 2 hours. I had something about 50 minutes to fill 4,5 hours driving time BEFORE that unlucky break, but this is not changing anything. :frowning:

BigWheel:
I’m driving same lorry everyday so that’s mean I’m on higher risk and propably this will cost me 200 pounds as my journey back was approx 2 hours. I had something about 50 minutes to fill 4,5 hours driving time BEFORE that unlucky break, but this is not changing anything. :frowning:

Yeah if caught on the same day, but once you’ve had a daily rest period, then you’ll only get a verbal warning for it unless you have 4 or more infringements in the previous 28 days altogether.

So unless you start picking up a few you really have nothing to worry about

Hopefully this will be my last infringement for long time so hopefully nothing bad will happen, but this is also a valuable lesson for me. I prefer to learn from someones else mistakes, but OK, this is life, from time to time my own mistakes are the lessons.
Thank you all for answers!