shep532:
I am a little disappointed to read how many people give advice to break the law.
Once you drive a vehicle in scope of the EU rules within a fixed week you are legally obliged to record all periods of work or POA including work for other employers (Page 39 of the GV262-03). You have legal obligations to carry a record of all other work carried out prior to driving that vehicle in that week. There are other obligations regarding weekly rest etc but you say you know the EU rules so will know that.
This means, amongst your 28 days of records you are legally required to carry, you would need either an analogue chart with your other work activities written on (just start and finish times are sufficient), or a digital print out with the same, or you would need to manually enter the domestic work into the digi tacho when logging in. This way there would be no gaps in your records.
If pulled by VOSA in the 18t, one of the things they look for are gaps in the records. They will generally ask about the gaps, especially where they don’t seem to fit a normal working pattern i.e. days missing mid-week. You could answer those questions with false staements as suggested - if these are uncovered the penalties will be quite severe compared to a little fixed penalty. Falsification of records■■?
VOSA aren’t daft (although some may disagree). They know people generally don’t survive financially off a few days driving and will suspect you do work elsewhere even if it isn’t transport related. If they are doing their job properly they will persue this matter to satisfy their curiosity. of course you may get a VOSA officer who doesn’t bother.
If on the other hand you let on that yesterday you were working at a supermarket and not driving the 18t (whether shelf stacking or 3.5t van driving) the result will almost certainly be a delayed prohibition (possibly an immediate) to take 9 or 11 hours rest. I have seen this happen numerous times. No records of other work - prohibition issued to make sure you get sufficient rest. They could also dole out a graduated fixed penalty to you.
WHoever you are working for in the 18t will not by any means appreciate a prohibition of any kind being issued. You won’t be able to hide it as it will be posted to them. The new OCRS scoring system will mean this would count heavily against them.
Of course VOSA may not just leave it at that either and may persue other matters, visit the 18t company and investigate further. I suppose that may depend on their current OCRS rating.
I know the MD of a haulage company that was pulled on a Saturday morning driving an artic. A delayed prohibition was issued because he did not have records of work done in that week. He now completes an analogue chart for every working day. Name, date, start and finish times. If he goes out in a wagon he takes them with him. You do read of drivers having diaries or time sheets to show this other work - but the rules state the only official records are analogue charts, digi print out or entered onto the driver card. An official domestic hours log book may be used if it was legally required for the domestic activities - your 3.5t van driving doesn’t require it, therefore it doesn’t count.
It is really quite simple. On the days you work domestic - fill out an analogue chart with name, date start and finish times (or use the back of a digi roll). Carry it just like a tacho when in the 18t. Hand it in to your 18t employer as you normally would. If the 18t is going to be digital - beginning of each shift do a manual entry for the day/s you worked driving the 3.5t during that fixed week. You might want to enter your breaks as well. This isn’t legally required for the domestic duties but - it’ll help keep the working time down for the WTD(RTD) and your 18t employer may appreciate this.
Of course your 18t employer may not know about your other activities but you should really tell him to cover both your backs.
If you might carry out mixed domestic and EU in the same day/shift remember the driving of the 3.5t counts as work for the EU rules BUT, on a day where mixed domestic and EU activities take place the Domestic limits of 10 hours driving and 11 hours duty MUST still be obeyed as well as the EU rules (Page 29 GV262-03) … although how the authorities would enforce this I don’t know (or even if they would).
A lot of people are going to disagree with my post and stick with ‘what VOSA doesn’t see VOSA doesn’t know about’. All I’ll add is that should something unfortunate happen whilst driving the 18t and it comes out you were working elsewhere, your 18t employer didn’t know or if he did and didn’t ask for records etc etc etc it can be the difference between hassle and serious hassle. Yeah I’m all doom and gloom me
Couldnt be arsed to read all that [zb].