REST RECORD
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M My driver was stopped by police and had his tacho records checked. The driver had already reported the tacho was defective as it was showing a thick black line all day, whether driving or at rest.
The police are prosecuting him for not showing rest breaks on the back of the record sheet.
That seems odd because when the tacho is working properly it does not show if the driver is resting or doing other work so how can the driver be charged when it fails?
• Your understanding of tachograph records and the need to use the tachograph mode switches is not what it should be. Automatic tachographs generally record a continuous black line to show working periods. This line becomes noticeably wider when driving is performed. When driving stops the line goes back to its normal thickness, That line simply shows the vehicle is not movingit does not show what the
driver is doing. Police and vehicle examiners will assume the driver is engaged on nondriving work and is not resting.
That is because, when a rest break is taken, the driver must operate the tachograph's mode switch to record the rest. This will cause a break in the continuous line and create a line in the rest band of the record sheet.
Failing to use the mode switch is a contravention of Article15 of EC Regulation 3821/85.1t states that the mode switches must be used as follows:
a) The bed symbol is used to record breaks from driving and daily rest periods;
b) The steering wheel is for driving time;
C) The crossed hammers are for all periods of work which are not driving time; dl the rectangle with a diagonal line is for other periods of 'availability": waiting time and time spent beside a driver or on a bunk while the vehicle is in motion.
The regulation provides that EU Member States can permit the periods in c) and d) above to be all recorded under the rectangle symbol on vehicles registered in that state. In the UK this has been permitted so there is no need to used the crossed-hammers symbol on a UK-registered vehicle.
Consequently, even when the tachograph is not defective, rest breaks must be recorded.