tachograph:
If a vehicle is fitted with a digital tachograph the tachograph resets to “other work” when the vehicle stops moving, but the Siemens digital tachograph in a vehicle I’m driving at the moment automatically goes onto “rest” every time the vehicle stops moving, I know this isn’t supposed to happen but is it illegal even if I change the mode manually every time I stop ? (not very practical I know)
I want to get this sorted but as the tempory agency job could possibly become permanent I need to be a bit tactful about how I go about it, hence the need to know the law regarding the automatic change of mode.
This has been covered recently before. Are you sure it reverts to rest when you stop moving or just when you switch the ignition off? Ours revert to rest when the ignition is switched off. Apparently thats how they are programmed, they can be changed , at a cost. VOSA do not like the idea of them either. You’re in between a rock and a hard place though if you query it. Probably no gaffer will pay to have it changed as you can ‘just ensure its in the right mode’ for free !! If you where to be queried by VOSA about it and said it keeps doing it, then you’ve admitted you know about it. The thing is a load of crap !! I don’t believe its working to ‘type approval’ at all and someone should kick up about it. Appart from automatically recording ‘driving’ it should not make any assumptions of its own.
Bah !!
Actually it could have been when the ignition was turned off, I’ve just had a look at a printout from yesterday but can’t really tell for sure, I’ll have the same vehicle on Monday so I’ll check more thoroughly then.
Have to say this is a backward step in my opinion though
With the post sept 07 VDO if you switch ign off it defaults to rest, the mode symbol flashes to remind you to change it (bloddy useless if you ask me).
If you don’t change the mode, when you restart the vehicle, it will behave like any other tacho, ie when your stationary it will default to rest, until you change the mode.
IF the bloody thing will only default to rest, even after you’ve changed the mode and not switched ign off, then my post above stands, defect it.
That"ll be a merc no doubt!! Our lot decided to get a fleet of them,and apart of the tacho faults, they ordered 32t units to run at 44t!! Managers do’nt you just love them. Going back MB should sort it out.
Ron 1:
I think that Renault & Volvos new Digital tachos are set to go to rest when they stop instead of other work, it is not illegal providing you are not in the back of the truck doing other work!!
That could be a problem though, a Driver who assumes it defaults to Other Work, can start unloading unaware that it is recording a legal rest break, as far as Vosa are concerned a break was recorded and therefore as a legal document the rest is claimed and could lead to an unfair prosectution if Vosa were for example sitting outside watching (Unlikely I know but still possible) the driver unload, then stop him and see his tacho recorded it as rest instead of other work, they could also put doubt on other offical breaks the driver has taken as well.
For that reason alone the digi tacho should default to other work, the problem is there are far too many folk sitting behind desks in European Parliament thinking they know best when they aint even seen inside a cab.
So try booking Other Work in as Rest in front of Vosa and see what happens
Also dont bother switching to break and go in front of a Judge and tell him you cant be prosecuted for not switching modes, I bet you’ll find it expensive
The driver MUST use the mode switches to give an accurate account of his working day, failure to use them will result in fines
Davey Driver:
So try booking Other Work in as Rest in front of Vosa and see what happens
Also dont bother switching to break and go in front of a Judge and tell him you cant be prosecuted for not switching modes, I bet you’ll find it expensive
The driver MUST use the mode switches to give an accurate account of his working day, failure to use them will result in fines
You completely missed my point.
Basically if you left it on rest all the time, there is very little they can do apart from give you a warning.
Leave it on Rest all day whilst doing other work and you can and will be prosecuted for falsifying your records, your claiming to be resting when carrying out other work, just ask the lads at Olivers Transport who were fined for recording a 15 minute break on the fuel pumps.
Davey Driver:
Sorry Phil but your the one missing the point
Leave it on Rest all day whilst doing other work and you can and will be prosecuted for falsifying your records, your claiming to be resting when carrying out other work, just ask the lads at Olivers Transport who were fined for recording a 15 minute break on the fuel pumps.
That will be the traffic commisioners making up the rules as they go along.
The law quite clearly says. A driver may not be prosecuted for failing to use a tachograph mode switch, He or she may only be warned.
However the traffic commisioners completely disregard the law when it suits them. Like speed traces on tachographs should not be used as primary evidence, but the traffic commisioners don’t agree with the law lords.
Davey Driver:
Sorry Phil but your the one missing the point
Leave it on Rest all day whilst doing other work and you can and will be prosecuted for falsifying your records, your claiming to be resting when carrying out other work, just ask the lads at Olivers Transport who were fined for recording a 15 minute break on the fuel pumps.
That will be the traffic commisioners making up the rules as they go along.
The law quite clearly says. A driver may not be prosecuted for failing to use a tachograph mode switch, He or she may only be warned.
However the traffic commisioners completely disregard the law when it suits them. Like speed traces on tachographs should not be used as primary evidence, but the traffic commisioners don’t agree with the law lords.
I used to do some agency work for Sainbury’s who have a load of 57 and 08 plate MAN TGA’s maybe 20 of them, about three of them have this where it automatically sets itself to rest when you turn off the ignition.
Doing nightshift, when you turn off the ignition the tachograph goes dark so you can’t even see it to notice its turned itself onto rest unless you are aware the tachograph does this. Ive done shifts where ive gone deliveried to a shop then discovered when ive turned back on the ignition the tachograph has been on rest for an hour., or gone to fill up my truck with diesel and forgot about this stupid setting. However ive still taken my proper 45min break at another time.
There is no way on earth i’d pay a fine for doing this, since ive taken my proper break, the fault is down to assuming like the majority of tachograph it is returning to over work when you remove the key.
I guess it would be a different matter if i thought screw it i’ll use that time unloading the truck when it went on to rest as my break and kept on driving. Maybe this is why the Oliver’s drivers got done for it because they were claiming that time filling up was part of their 45min break.
The Olivers case was a big case involving many of the Drivers, resulting in the O Licence being withdrawn, the fact was that whilst not being aware they were under investigation, Vosa observed the drivers filling up but upon checking their tachos it was declared as break.
The point in court was that the charts were a legally binding account of the days work, the driver claimed to be on break but was actually carrying out other work, therefore falsifying records, obviously there were many many tacho infringements not just those, but they all added up to make it sound much worse.
Despite top lawyers representing the company, at no time was it brought up that the driver did not have to set the mode to the correct position, can you honestly expect a top lawyer to miss that loop hole? I dont think so
The Driver is required to set the mode to the appropriate task in hand, fair do’s if it auto sets to Other Work, but even then having your tacho set to Other work for say 3 hrs everyday and then saying “Ahh but 1 hr of that was break” wouldn’t wash with Vosa and the driver would find himself in court if he’s doing it everyday.
So as for it being a “Warning Only” I very much doubt it
Then again, I could be wrong as I was wrong once before, thats when I thought I was wrong but I was actually right Lol
If your tacho is showing break / rest whilst doing any other work you can be prosicuted for that offence (falsifiying a record of work) the defence of "I forgot to turn my tacho over your royal judgeship) wont wash and you’ll get well and trully done
or is it me 
