I hoping that someone can tell me how I can appeal an infringement. I work as part of a 2 man driving team where we can legally work up to 21 hours in a day. The rest period rules are different from the normal 15 hours. Last week, as we were swapping driver cards the tacho decided that the 15 hour rules applied and I ended up with a working time infringement. Under 21 hours I had not broken any rules. Work told me not to worry about it then promptly took my weekly bonus away because I had an infringement. Obviously I’m not pleased. Work have no interest in discussing or resolving this. I don’t know how or to whom to go next. DVSA, the Traffic Commissionaire? Neither are reachable by phone and I can’t find anything online that offers a way forward. Has anyone else been in a similar situation or knows what I can do next to get this infringement removed? Any help or advice would be greatly appreciated. Thank you.
Loss of bonus is not a fine.
DVSA and the area TC are not going to be much involved in your company pay policy.
If you have an infringement on your tacho then normally your managers will get you to sign a sheet acknowledging your infringement and saying it has been explained to you.
If they do not explain what the issue is, do not sign it.
It is up to them to explain it to you. They should be competent in driver hours, that is one of the duties of the O licence holder.
To get your bonus back, of management are being co-operative then get a Union involved if you are a member.
It is unusual for a tacho analysis to throw up a false infringement. In most cases it is a lack of understanding of the exact rules.
And that is why the infringement must be explained to avoid repetition of offences.
If you have a copy of any sheet you signed or printout with the alleged infringement on, then put it up here for us to see. But blank out reg number, names, etc!
You’re talking about two entirely different things. Your infringement is for WTD, not EU drivers hours regs. The rules for EU Drivers Hours are different than the standard rules for single manning but not the Working Time Directive that you got the infringement for. The working time directive working hours and rest breaks apply the same for double manning as single manning. It is possible to exceed the 60hr weekly limit for driving/other work at some point in day 4 if you’ve done a lot of time as the second man with the tacho being on other work, for example both of you doing say a house removal so it’s on other work whilst you emoty the house and load the truck and the same at the other end.
Also remember that as you are operating under EU double manning rules to be able to operate under double manning regs the second driver must have their card inserted in the tacho within one hour of the start of the duty of the first driver. So both cards have to be in the tacho within 1hr of the first card being inserted. That’s not one hour and one minute, it’s one hour. Anything after that and you’re subject to standard single manning rules in regards to daily rest and duty time.
Dvsa are reachable as I spoke to the eastern office about why my lisense hadn’t come back , she sorted the issue straight away & told the dvsa that they could issue my lisense
There is no 15 hour rule so your infringement was not for that, I thought the infringement may be for having too many reduced daily rest periods but you’re saying it was a working time infringement so it’s not for too many reduced daily rest periods.
To get any realistic answers I think you would need to tell us exactly what the infringement was for, there’s no 15 hour rule in the working time regulations that I can think of so…