Tachograph and daily rest

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Right so I’m either wrong or I’m right but I think I’m right so bear with me.
When I finish my day I park up and change to rest, potter about and make a drink then eject the card if I’m on a 9 my alarm will go off 8 hours later I’ll start the truck up (no comments about fuel consumption please) put the card in make an entry to show rest between ejection and insertion leave it on rest and sort myself out for the day, when I open my curtains it’ll be something like 9hrs and 5 mins so for a Monday that’s a legal break so I’ll change to other work to start my shift then I’ll show the 20 mins other work that my company requires to prove daily walk around then I’ll sod off somewhere glorious for the day.

Now tachometer analysis is saying that I haven’t taken a valid break and my company is saying that I should never use the manual entry feature, also that my daily rest starts when the card comes out and finishes when the card goes in not when I change to break or other work that’s why I’m racking up infringements.

So am I in the wrong as I feel I’m not as I’m clearly displaying daily rest by use of the mode

2

Your wrong .

Because you put it on rest then say a few mins later eject your card the head will see as will DVSA see it as other work as you are interacting with the vehicle by removing your card , that’s classed as other work . .

3

Your daily rest starts and finishes when you clock out not take card out that’s why you do a manual entry

4

Your rest starts when you eject the driver card or when your manual entry says it began after ejecting the driver card.

When you put your card in and do a manual entry to show break your interrupting your daily rest so your boss is right in that matter.

Put your card in when you start your shift and do the manual entry then.

5

To record a daily rest either: change the mode to rest when your start the rest and change it back to work when you finish the rest - and don’t touch the tacho in between.
Or, eject the card when you start the rest and reinsert it when you end the rest.

Ejecting or inserting the card will interrupt the activity, even if it was recording rest before or after, so that will count as as the point daily rest is recording to or from.