Small? infrigement

Hi Guys. Advice wanted. On Friday I did a full day’s 7.5 tonne multidrop work via an agency. Used my Digi Tacho card.
Drove for 4 hours and 32 minutes interspersed with about 6 small OTHER WORK periods whilst handballing. Parked up and set tacho to REST. Had a 47 minute rest period. Drove for another 4 hrs 22 mins and took a second REST of 47 minutes. Got back to depot after another 30 mins drive.
Now the question. The TM pointed out the 2 mins infringement to me. What kind (if any) trouble am I in and with who? What should I do about an explanation of the naughy 2 minutes? Whne / how might I be confronted with the infringement?
Cheers, LandyLad

Unless done on a regular basis then don’t worry - we are all human and make the odd little errors

The company have done their job in pointing them out to you so as to cover their own arses

If VOSA were to also find out then they are ulikely to be bothered about a one off

Take it as experience

i wouldnt say its anything to worry about as long as you dont make a habit of running over your driving time.

I had similar some months back, TM pointed it out and that was that.

What (if any) is the mechanism that something like this can come back and bite you? How would/could VOSA pick up on infringements other than at spot checks ( I assume they also do random checks on operators) and how far back do they/can they dig?

Cheers, Nez

Nezza:
I had similar some months back, TM pointed it out and that was that.

What (if any) is the mechanism that something like this can come back and bite you? How would/could VOSA pick up on infringements other than at spot checks ( I assume they also do random checks on operators) and how far back do they/can they dig?

Cheers, Nez

Usually 6 months back I believe

LandyLad:
Hi Guys. Advice wanted. On Friday I did a full day’s 7.5 tonne multidrop work via an agency. Used my Digi Tacho card.
Drove for 4 hours and 32 minutes interspersed with about 6 small OTHER WORK periods whilst handballing. Parked up and set tacho to BREAK. Had a 47 minute rest period. Drove for another 4 hrs 22 mins and took a second BREAK of 47 minutes. Got back to depot after another 30 mins drive.
Now the question. The TM pointed out the 2 mins infringement to me. What kind (if any) trouble am I in and with who? What should I do about an explanation of the naughy 2 minutes? Whne / how might I be confronted with the infringement?
Cheers, LandyLad

FTFY :wink: :stuck_out_tongue:

Rest and break are different things with different conditions and requirements.

Nezza:
What (if any) is the mechanism that something like this can come back and bite you? How would/could VOSA pick up on infringements other than at spot checks ( I assume they also do random checks on operators) and how far back do they/can they dig?

Cheers, Nez

Statute Barred for hours offences is 6 months.

Coffeholic, Thanks for pointing out that rest and break are different. I should have said REST, because I set the tacho icon to the picture of a little bed. Does that make any difference to the advice others have given in the previous replies?
What is the difference between REST and BREAK please. I was aware of DRIVING, POA and OTHER WORK, but had thought of ‘rest’ and ‘break’ as being different jargon words for the same (IN)activity.
Thanks, Landlad

LandyLad:
Coffeholic, Thanks for pointing out that rest and break are different. I should have said REST, because I set the tacho icon to the picture of a little bed. Does that make any difference to the advice others have given in the previous replies?

You said rest, I fixed to to break as that is what you had. Doesn’t make any difference to the advice given.

LandyLad:
What is the difference between REST and BREAK please. I was aware of DRIVING, POA and OTHER WORK, but had thought of ‘rest’ and ‘break’ as being different jargon words for the same (IN)activity

Nope, different words for different activities, although the little bed symbol is used for both.

‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation;
‘rest’ means any uninterrupted period during which a
driver may freely dispose of his time;

You generally have breaks during your shift while rest will usually be the period between shifts.

It’s best to know because it you can laugh at other drivers who come out with the ever popular myth - “You can’t take a break on a bay while being tipped coz you ain’t free to dispose of your time” ■■■■■■■■. :wink: :stuck_out_tongue:

Yes I get it now thanks.
Daily rest and Weekly rest.
Durng a driving day its a Break.
Simple.
Thanks!

can i ask a quick one if you was to go over by fifteen mins driving butr had loads of other work could you get away with saying you fordot to put on break

cbarnes:
can i ask a quick one if you was to go over by fifteen mins driving butr had loads of other work could you get away with saying you fordot to put on break

You could, but not very often and not usually if your POD’s are time marked. Also why would you want to turn an infringement that would attract a £60 Fixed Penalty into one that could attract a four figure fine? If you [zb] up just record it as such and don’t try to disguise it, the penalties are far less severe.

Coffeeholic:
You could, but not very often and not usually if your POD’s are time marked. Also why would you want to turn an infringement that would attract a £60 Fixed Penalty into one that could attract a four figure fine? If you [zb] up just record it as such and don’t try to disguise it, the penalties are far less severe.

When I went to the VOSA “New Operator” seminar thingy they did the guy there said that in most cases as long as it was a one off they would turn a blind eye to going 15 min over anyway. Obviously if you started doing it every day then you would have problems.

Creating a false record, on the other hand, will get you in big trouble.

Paul

it was a one of as i forgot to put on break and was six miles from depot that closes at five pm and needed to be back etc i havnt written anything as yet as this is my first week using digi and not really sure how to go about it (being over )was only still on first 4.5 hours and drove for a total of 4.45

cbarnes:
it was a one of as i forgot to put on break and was six miles from depot that closes at five pm and needed to be back etc i havnt written anything as yet as this is my first week using digi and not really sure how to go about it (being over )was only still on first 4.5 hours and drove for a total of 4.45

Take a printout, write on back.