Keep a record of drivers' holidays
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0 ne Sunday in February a UK driver was driving through France hauling perishable goods. The driver had been on holiday the previous week but had with him the tachograph charts for the current week (namely the Sunday). He also had with him his tachograph disc for the last day on which he had driven, which was the previous Friday week.
He was complying with Article 15.7 of the EU tachograph regs, which require a driver to have with him record sheets for the current week and the disc for the last day of the previous week in which he drove. The French police stopped him near Chalonne, impounded the vehicle and refused to let it move pending payment of a 4,500FF fine. The driver's employer sent a fax to the French police confirming that he had not worked during the previous week. The French police still refused to release the vehicle until the fine was paid. This is typical of a number of recent cases, despite French police statements that if a driver is carrying proof that he has not driven in the previous week his vehicle will not be impounded.
All drivers would be well advised to carry a standard letter on the firm's note paper confirming that he has been on holiday. The letter should be an original and not a photocopy. If the vehicle is still impounded the fine will have to paid, but it should be paid under protest. This protest must be written on the documentation which will be presented by the police when the fine is paid. The protest should simply state that the driver has complied with the relevant EC Regulation (85/3891) and therefore objects to paying the fine. After release of the vehicle you can attempt to claim a refund. In the case mentioned above the company is seeking reimbursement of the fine.
1J by Stephen Kirkbright