Is there a Legal definition of an infringement?
Reason being my bonus relies on no infringements for the quarter … but i left my card in overnight on other work 
So obviously I have corrected it manually on the back of a printout, does that make it no longer an infringement?
No an infringement is an infringement they do not magically disappear. Even if they can change it on the tacho analysis software the infringement still exists albeit with an explanation of how it happened and or rectification training details.
Say goodbye to your bonus unless they decide to allow manual entry errors as ok for the purposes of the bonus.
Depends how awaked your company are.
If they just go off what it says when you download your card then yes it will be an infringement.
If there a friendly decent company and you explain your mistake you might be fine.
Not to mention if you left it on other work overnight you will have e at least, duty time exceeded, insufficient daily rest at a minimum so 2 infringements minimum. Possibly more.
Ok, thanks. Obviously not what i wanted to hear, so I’ll see how the company treat it.
What is duty time infringement? I don’t believe there are 2 separate infringements. Do you mean WTD 6hr rule?
If you left your card in overnight on other work you will have exceeded your daily duty time, as your day will have gone over 13 or 15 hours and had insufficient daily rest at the very least. Do it on a weekend or whenever you have your weekly rest and you will have a 3rd for insufficient weekly rest too.
Even though you habet exceeded your daily duty time it will still produce and infringement for it.
Trust me I know from experience been there done it, only times I get infringements are when I somehow manage to mess up a manual entry that I do every day without fail right 99.9% of the time.
I don’t believe there is such a requirement. Mearly that it is true because of the daily rest requirement.
My thinking on whether this remains an infringement is that surely it is the act that is the infringement, not the recording of the act. Obviously i did not work continuously for 18 hrs that my card thinks i did.
Similarly exceeding 4.5 hours driving because of legal extenuating circumstances should not be an infringement, otherwise its pointless having the concession.
Simple fact is Stu that it is an infringement because you broke the law. No ifs or buts, the law was broken. Obviously in the real world no further action would be taken because even the most nit picky enforcement officials can clearly see what has happened in your case.
It’s basically the same as it’s not possible to be a bit pregnant. The law is clear and completely unambiguous on this.
Just toss it off in a lay-by daily until you’ve recouped the loss of your bonus 
But i do that already…doing it twice a day, morning and afternoons? I’m not sure im up to it!
1 Like
I was once presented with an infringement to sign by our compliance bod for an overspeed of 57mph for over 30 seconds. I refused to sign it arguing that yes, it contravened company policy, but it was not actually an offence as the speed limit for my vehicle on that particular road was 60mph.
After much verbal tennis I agreed to sign it only after taking a sharpie and scrawling in big letters across it “this is NOT an infringement “.
Glad you won that argument
I think most people do this at least once in their driving career, I think I managed to do it a second time as I recall. This is when trained myself into the habit of putting the tacho onto the bed symbol as soon as I parked up every day, not an absolute requirement, but just as a way of avoiding problems if I forgot to eject my card at the end of another long tiring day.
The simple fact is once your other work crosses that 13 or 15 hour duty limit the infringement is there. Whether you did less is irrelevant, on your card you duty will be however many hours since you started and including the other work incorrectly recorded as other work instead of daily rest.
As said DVSA are unlikely to find you athe side of the road unless it’s a common thing happening again and again. One offs they will see it’s just a ■■■■ up, it happens people are human.
But you will likely have 2 infringements minimum to sign.
Yeah, thing was it wasn’t even a driving day. I’d just put my card in for a manual entry to record my training, then left it a bit longer as i didn’t want to rush to eject it before it had fully registered, then distracted enough to forget it. D’oh! So normal processes weren’t in play.
That’s a bummer… But, until they perfect these promised AI-integrated self-driving trucks they’ll have to keep employing we fallible humans, so infringements will be with us for years to come. At least this company have some kind of bonus scheme, I can’t think of anyone around here who does that.
I had a brief stint with that HZ Logistics mob, they paid £80 per month infringement free, which was nice.