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Key new responsibilities for drivers
Page 40
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From this week, drivers must: • record other work and periods of availability (P0As) for all employers on driving and non-driving days, using: a) a tachograph chart, or; b ) a manual entry on a printout. or; C) manual entry using the input facility of a digital tachograph These records must be carried on board the vehicle in order to be produced at the roadside for the relevant period (the current fixed week plus the previous 15 calendar days) and they must be retained by the operator for 12 months.
• record travel time correctly. Time spent travelling to or from an in-scope vehicle, where the vehicle is neither at the driver's home nor the employer's operational centre (where the driver is normally based), must not be counted as rest or break, unless the driver is travelling on a ferry or train and has access to a bunk. Orecord reasons for emergency breaches at the latest on reaching a suitable stopping place.
• when at the disposal of more than one transport undertaking, provide sufficient information to each so they can check For compliance with the rules.
• produce at the roadside evidence of any penalties issued until the infringement cannot lead to further action (in the UK this is understood to mean the same period the driver has to produce records at the roadside).
Enforcement officers can now impose penalties for infringements on their territory, no matter where they occurred.rIbey must issue written evidence of the penalty to the driver.
Operators vs employers The new rules define 'transport undertaking' as a person or organisation ihat engages in carriage by road, whether for hire or reward, or own account.The transport undertaking has legal responsibilities and liabilities for drivers' compliance with the rules; it is the operator, rather than the driver's employer (for example in the case of agency drivers) that is responsible for the key obligations, such as downloading data and keeping records.
Key new responsibilities for undertakings
Undertakings must: • properly instruct drivers to ensure the rules are being complied with. The regulations do not specify how, where or when this instruction should be carried out.
• Be held liable for drivers' offences unless all the following apply: a) no payment was made to encourage the infringement; b) work was properly organised: c) proper instruction was given; d) regular checks were made to ensure compliance.
This list forms the operator's statutory defence —it is up to the operator to prove they apply.
• keep all documents and records given to them by enforcement authorities in relation to drivers' hours and records for at least one year at their premises or with drivers at the roadside. in • Sally Thornley is the FTA's manager of compliance information