Keep an eye out for tachograph offences
Page 32
If you've noticed an error in this article please click here to report it so we can fix it.
How many times have you heard someone say: "I've been done for a tachograph offence"? Most operators know the tachograph must be calibrated and checked every two and six years; they know it must be sealed; they know it must "work properly". How many other offences relating to the it can be committed? The answer is, a lot!
The Transport Act provides that it is an offence to use a goods vehicle at more than 3.5 tonnes unless a tachograph has been installed in accordance with EU regulations, and is being used as provided by "Articles 13-15 of those regulations". Below are some of them, and breaching them is an offence punishable by a i 2,5oo fine.
1. You have to issue the driver with a sufficient number of discs, taking into account the amount of work he has to do, the period he will be away and the likelihood that he will damage sheets.
1You have to issue sheets which are appropriate to all the vehicles the drivers might use, -•:.• You have to keep the record sheets for at least a year after use, 1. You have to give drivers copies of the sheets if they ask for them.
1You have to produce them for any authorised inspecting officer.
1Drivers must use a sheet on every day they are driving, starting when they take over the vehicle and not withdrawing it until the end of the working day, The drivers must use the mode switch to indicate the appropriate activity.
1.. Drivers and crew members must complete all the details in the centre field; for instance, putting their surnames and first names in that order. 1, The driver must be able to produce sheets for the current week and the last day of the previous week in which he drove, 1, If the machine breaks down, it must be repaired within a week. If it does not return to the operating centre within a week it must be repaired en route. 1When the machine is unserviceable the driver must write his activity on the rear of the card.
These are just samples. If any of the rules is broken, both employer and driver are guilty of an offence.
Periodic checks
• Any quality control system regulating drivers' hours and records should be based upon the simple statement in the EU Drivers' Hours Regulations: The transport undertaking shall organise drivers' work in such a way as the drivers are able to comply with all the relevant provisions."
The undertaking shall make periodic checks to ensure the provisions have been complied with. If breaches have occurred, it should take appropriate steps to prevent their repetition. The quality system therefore must address these issues.