Hello all,
Thank you for registering me. I’ve read these forums for a while but never had a question to ask and now I find I need some advice.
I was the transport manager for a firm. I started as an employee there and the Transport Manager was operating under Grandfather rights. Basically he hadn’t changed from the early 1970s and didn’t comply then! I became qualified and took the role on as the company was being hauled before the Traffic Commissioner and the raft of changes I made in compliance etc won the day and they just received a reprimand. Obviously empowered by his escape he believed he was untouchable and continued to flout compliance so I left and went to drive for a different company.
Here we are a few years on and they have called me in to ask advice on how to deal with a DVSA investigation. A driver had not done his daily check and was pulled for a routine check. The steer tyre worn down to the cords was not amusing to the DVSA so they issued on spot penalties etc but have now come back with demands for full documentation for a sample six weeks but not including the current 28 days.
They require Clocking in/out Time records, Tacho records, Drivers licenses etc, raw data from truck head units, and WTD records.
I have helped gather the paperwork in an unofficial capacity. What I would like to know is what DVSA can act on in this information and what to expect.
Examples.
There are 9 full time drivers and two employees who sometimes drive so are within scope.
Out of the 9 main drivers 6 of them show on the clock in and clock out cards they average approx 54hrs WTD per week and each week have not completed the 45hr weekly rest. None of their tachographs reflect their working day with manual entries e.g. Driver clocks in at 5:30am, puts his tacho in at 7:40am, immediately starts driving, stops driving at 16:15 with tacho out and then clocks out at 17:00.
Most of them have driving hours infringements. At least one per driver, and one has FOUR in that 6 week period.
A lot of them have improper use of mode switch e.g. put paper chart in and turn it to break so it only records driving time. Most seem to fill out paper charts incorrectly.
One driver I cannot calculate working time as he refuses to use a clocking in card and guestimates his hours on the back of a ■■■ packet for them to pay him and they do not keep a record of it.
Any ideas of what to expect in your collective experience ? Can DVSA look at this mess and decide that they want all two years records ?
Chance of being hauled before the commissioner?
Can DVSA issue fines for any of this ? Can DVSA ask the police to prosecute ?
Just for fun I used the analysis software to run a two year infringement check and the fines if caught at them time would have added up to £48000 and that doesn’t including WTD infringements!
Any thoughts would be most appreciated and apologies for the long question.
Regards
I hope you actually wrote to the TC to inform them that you’d left when you did. 
