Recently screwed up on my tacho, pulled into drop parked out the way and stopped dead on 4h 30m. It then decided it would tick over to 4h 31m driving time after I’d switched it to break.
About 20 minutes into my break I decided I probably should do a printout, while trying to figure out how on earth to do the bleeding thing I managed to switch it onto other work… Found the printout, realised it was on other work and switched it back to break, it was only on for 2-3 minutes. This would mean I would have to start the 45 all over again. Now, I had places to be so I just did another 30 minutes and buggered got on with the day. It means when I got parked up for the night I had roughly 8h driving time (w/o sufficient breaks) as far as the tacho is concerned.
I’ve written on the printout explaining the predicament but what can I expect if I get pulled in by VOSA?
I also have a few screw ups on the WTD but always manage to get the break in soon after the 6 hours.
What could I expect if I do get pulled in and how would it be best to explain the situation?
DJC:
Recently screwed up on my tacho, pulled into drop parked out the way and stopped dead on 4h 30m. It then decided it would tick over to 4h 31m driving time after I’d switched it to break.
About 20 minutes into my break I decided I probably should do a printout, while trying to figure out how on earth to do the bleeding thing I managed to switch it onto other work… Found the printout, realised it was on other work and switched it back to break, it was only on for 2-3 minutes. This would mean I would have to start the 45 all over again. Now, I had places to be so I just did another 30 minutes and buggered got on with the day. It means when I got parked up for the night I had roughly 8h driving time (w/o sufficient breaks) as far as the tacho is concerned.
I’ve written on the printout explaining the predicament but what can I expect if I get pulled in by VOSA?
I also have a few screw ups on the WTD but always manage to get the break in soon after the 6 hours.
What could I expect if I do get pulled in and how would it be best to explain the situation?
If what I’ve coloured red is correct you should only be 1 minute over your 4½ hours driving time, the 20 minute break and another 30 minute break would have been fine for a split break and would have reset the driving time, no need to restart a 45 minute break.
As you say the tachograph was saying about 8 hours driving time at the end of the shift, I assume the driving time was not reset therefore you couldn’t have had 20 minutes followed by another 30 minutes.
As you’ve written an explanation on a printout you may get off with a verbal warning if you’re lucky, if not then I’m afraid the fixed penalty could be as high as £200 for going over 2 hours over the 4½ hours driving time without the required break/breaks.
To be honest if the tachograph offence is a one off I would expect you to get a strong verbal warning, but it cannot be guaranteed.
tachograph:
DJC:
Recently screwed up on my tacho, pulled into drop parked out the way and stopped dead on 4h 30m. It then decided it would tick over to 4h 31m driving time after I’d switched it to break.
About 20 minutes into my break I decided I probably should do a printout, while trying to figure out how on earth to do the bleeding thing I managed to switch it onto other work… Found the printout, realised it was on other work and switched it back to break, it was only on for 2-3 minutes. This would mean I would have to start the 45 all over again. Now, I had places to be so I just did another 30 minutes and buggered got on with the day. It means when I got parked up for the night I had roughly 8h driving time (w/o sufficient breaks) as far as the tacho is concerned.
I’ve written on the printout explaining the predicament but what can I expect if I get pulled in by VOSA?
I also have a few screw ups on the WTD but always manage to get the break in soon after the 6 hours.
What could I expect if I do get pulled in and how would it be best to explain the situation?
If what I’ve coloured red is correct you should only be 1 minute over your 4½ hours driving time, the 20 minute break and another 30 minute break would have been fine for a split break and would have reset the driving time, no need to restart a 45 minute break.
As you say the tachograph was saying about 8 hours driving time at the end of the shift, I assume the driving time was not reset therefore you couldn’t have had 20 minutes followed by another 30 minutes.
As you’ve written an explanation on a printout you may get off with a verbal warning if you’re lucky, if not then I’m afraid the fixed penalty could be as high as £200 for going over 2 hours over the 4½ hours driving time without the required break/breaks.
To be honest if the tachograph offence is a one off I would expect you to get a strong verbal warning, but it cannot be guaranteed.
I’m not sure exactly how far into the break that it was, I just estimate it was roughly 20 minutes. I counted that I did have 50 minutes out though, an attempt to try and rectify the 1 minute over time with a longer break. Not that that helps since it went to other work half way through.
Not had any other tachograph infringements, all clean apart from the few WTD errors.
Having an extra long break wouldn’t make any difference, a minute over the 4½ hours driving time occasionally wouldn’t be anything to worry about anyway.
Your real problem is if you never had 45 minutes break to reset your driving time.
Does your printout show a total of 45 minutes break during the shift ?
No, I did the printout midway through. I’m thinking I should do another one for the entire day?
Is the information stored for 28 days worth of driving, or straight calendar days?
Thanks,
DJC:
No, I did the printout midway through. I’m thinking I should do another one for the entire day?
Is the information stored for 28 days worth of driving, or straight calendar days?
Thanks,
Many have over a years worth of data on a digicard
DJC:
No, I did the printout midway through. I’m thinking I should do another one for the entire day?
Is the information stored for 28 days worth of driving, or straight calendar days?
Thanks,
You need to do a printout for the entire shift.
A driver card is designed to hold at-least 28 days of data, in reality it will hold many months of data before the data starts being overwritten.
Last time I looked I could go back 10/11 months on my card, and that was when it was used every day.
When your card is in a tachograph, in a Siemens tachograph press OK and you will be on the printout for driver 1 screen, press OK and you will be prompted to do a printout for the current date, you can change the date the printout is for by using the arrows to scroll down to the correct date.
I’ll do one when I’m first in then. Since it can be stored for over a year, does that mean that I could still be in hot water if stopped in a years time and it’s still there?
Thanks.
DJC:
I’ll do one when I’m first in then. Since it can be stored for over a year, does that mean that I could still be in hot water if stopped in a years time and it’s still there?
Thanks.
I think the offence of insufficient break has a 6 month time limit, but I think it’s unlikely that you’d get done for it after 28 days.
tachograph:
DJC:
I’ll do one when I’m first in then. Since it can be stored for over a year, does that mean that I could still be in hot water if stopped in a years time and it’s still there?
Thanks.
I think the offence of insufficient break has a 6 month time limit, but I think it’s unlikely that you’d get done for it after 28 days.
How do they read it then, is it an automated system that flags any problems? or do they look at the times and work it out like with paper charts?
They have computer software that analyses your card.
Ah, I see.
Unlikely as it is, what would happen if I was pulled in twice? Could I possibly get fined twice?
I’m hoping that since everything else has been clean with no problems that they’ll see it is an isolated incident and mistake.
DJC:
Ah, I see.
Unlikely as it is, what would happen if I was pulled in twice? Could I possibly get fined twice?
I’m hoping that since everything else has been clean with no problems that they’ll see it is an isolated incident and mistake.
No you can only be penalised for the same offence once.
VOSA should give you written proof that the offence has been dealt with, so if you got stopped again you just show the VOSA bod and tell him to put his wallet away cos you aint paying twice 
If you was fined in one EU country, theoretically you cannot be fined for the same offence again even in another EU country.