Tali° charts: get a system!
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Every operator must give an undertaking that he will take steps to ensure the rules on drivers' hours and tachographs are complied with.
One of these obligations relates to the collection of charts. Every driver is required to hand in charts to his employer within 21 days of the completion of each chart. Similarly, the operator/employer is required to collect charts within 21 days of completion. Breaking these rules could result in fines of up to 2500 for each chart which was not handed in, or collected. However, a statutory defence is available to the driver and the operator in that the offence states they "tailed without reasonable excuse to secure that he returned [charts] to the employer within 21 days". What is a "reasonable excuse"? This will depend on the circumstances in each case, and the facts presented to the court. Unless the operator takes all reasonable steps by having a system to ensure compliance, he is unlikely to be able to use the "reasonable excuse" defence.
PREVIOUS WEEK A driver has to carry the current week's charts and the last chart of the previous week that he worked. Operators must devise a system to make sure that those charts are handed in or collected at the earliest opportunity to ensure compliance. A chart is going to be at least a week to 10 days old before it is handed in, On top of that can be added any period where the driver happens to be working away from base, which does not leave the operator with much time to deal with compliance problems. The operator will need to be able to satisfy the court that he has systems for collection and for chasing drivers who fail to hand in their charts. Unless it has been physically impossible to collect the chart, the operator is vulnerable to prosecution. What if the driver is away for a month on a continental trip? Should the operator make arrangements for those charts to be posted, or is it safe to await the driver's return to the UK? What happens if that continental driver returns from a month's trip, only to be turned round over the weekend and sent back out again—and he forgets to hand the charts in for that previous month? This must identify at on early stage drivers who fail to The court may take the view that if you know something is going to happen, or there is a possibility that something may happen, which may prevent charts being handed in or collected, steps should be taken to avoid those events happening. What happens, for example, if a driver goes on holiday and accidentally takes his charts with him in his work bag? During his fortnight holiday the charts become due for collection. Does the operator have a "reasonable" excuse?
The court may take the view that he does not, because he should have made provision for this kind of problem. And what if a driver manages to lose his charts after completion? The operator may feel this is a reasonable excuse, but will the court?
The operator will say that he cannot get blood out of a stone, but to get the benefit of a "reasonable excuse" defence he must have systems designed to do just that!
ii by Gary Hodgson