Hi
This may be a silly question, but here goes
I am taking a break from driving for 6 months and become a drivers mate . I am have my contract changed for 6 months so I will be a drivers mate on my contract. Do I still have to put my tacho card in slot 2 for the next 6 months . I am asking this because I will be in the lorry.
Not a silly question at all. Personally (and with zero legal expertise in this matter) I’d be putting my card in slot 2. Why not? You’ve got a digi card, why not use it? Also, nobody has ever been prosecuted for keeping too many records.
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Legally unless there’s a chance that you could be driving you don’t need to use your driver card.
I suppose it could be argued that as you have a HGV licence and a drivers card you could be called upon to drive if anything goes wrong, but I’m assuming you’re not contracted to do that so I don’t see a problem with you not using your driver card.
Having said that, as maoster says “nobody has ever been prosecuted for keeping too many records” so I’d say it’s up to you really.
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Just to add that you may want to ask your employer about this because they probably use the tachograph records to keep a record of the working time regulations for the drivers, as you’re going to be off driving for 6 months I doubt it will affect their records but it may be worth checking.
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I think there is some important details missing in this question?
You are stopping driving for 6 months to be a drivers mate, what is the reason for this if you don’t mind me asking?
Is this because of a ban on driving or something else like that temporarily?
Because of you have been banned for example than you could not possibly take over driving the vehicle therefore no need to use your digital card in that example as I understand it.
However if it was for say personal reasons and you had the licence to drive the vehicle even being a passenger and drivers mate you could be reasonably expected to take over driving should it be needed with the relevant licence so therefore should have your card in.
And lastly regardless of what the law says your company may have company policies that state you must use your card regardless if you possess one.
It’s one of those situations where without the full information surrounding things could change the responses.
But I’d mostly agree with Maoster if you have a card and are working why not use said card to record your working hours. You certainly would not get into trouble for creating extra records that were not required by law.
I can’t remember the exact wording but to me it’s very grey but if you hold a licence for the vehicle and are a passenger in it then you should insert your card.
But I’m also happy to be proved wrong as well.
Simcor
I have not got a ban , I have been driving HGV for approximately 30 years and to be honest I have become sick of the driving. So I am lucky to work for a company that’s understanding my situation. So I am taking a 6 month rest from driving commercially. Reviewing in 3 months time to see how I feel and then in 6 months. I have a class one license.
Many thanks
Mini
No worries I changed the opening line after re reading it as it wasn’t worded well and came across as accusatory which wasn’t my intent.
I wasn’t saying it was the case just that sometimes people omit little bits of information that can make a big difference.
No offence intended, but regardless I’d ask your company what their policy is on using your tacho card, they would have the final say.