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Page 38
Page 39
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The whole industry knows digital tachographs were launched on 1 May, hut not everyone is aware of the baggage that came attached to the snappily titled Regulation 561/2006 which introduced the little black box.
For instance, the offence of failing to make records or interfering with a tachograph. whether digital or analogue, h as been beefed up and now attracts a maximum fine of £5,000 from a magistrate's court or up to two years' jail from a crown court.
An explanation of this and other aspects of the new regulations forms part of a touring seminar by law firm Barker Gotelee, fronted by transport lawyers Tim Ridyard and Murray Oliver. CM sat in on a seminar held in King's Lynn for East Anglian operators. It's clear that many operators are doing their best to avoid the new kit. "Sales of analogue vehicles rocketed before May," said Ridyard. He believes the new penalties for false records are alarming drivers. "If you don't record the data it counts as a false record, whether you were being dishonest or not."
Data storage systems
Storing digital data requires methodical systems."If you have digitachs you must ensure you download information as frequently as the member state tells you. The UK has not yet decided how long that is, but you must download often enough not to lose the information and you must keep it for 12 months," said Ridyard, adding that firms such as Nova Data can provide this service.
Many firms have yet to get to grips with the rules concerning driver cards and such practicalities as who pays for them and what happens if a driver loses or forgets his card. "At a roadside check, a driver who owns a card must produce it —even if they are driving an analogue vehicle," said Ridyard.
The cards cost £38 each and if A Murray 01i one is lost or stolen the driver must notify base immediately. A new one will not be issued by post—the driver must go to the DVLA station and sign for it Philanthropic companies may decide to pay for their drivers' cards. "Rut be careful," warned Ridyard, "Think of the Revenue. They get excited by benefits. If a driver loses his card, are you going to take it out of his wages? It may be an unlawful deduction of wages A, Tim Ridyard unless it's in writing. You may have to revise your employment contracts."
Oliver enlarged on this theme. "If a driver turns up without their card and you send them home, make sure it's in their contract that you can stop pay," he said, adding that it may be necessary to train drivers on different types of digitachs. "You could ask the maker to fit the same type you always buy, but hired vehicles may be fitted with a different type."
Hired vehicles fitted with digital tachographs present a special problem in that operators do not want to leave information about their company in a vehicle that may be used by competitors.
To this end the DVLA is issuing a company card which is non-personspecific and lasts for five years. When the driver collects the rental vehicle he puts the card in. it recognises his company name and only his company can download the subsequent information.
"It places a mark in the sand:explained Oliver." It shows when your company is using the vehicle and that any previous offences have nothing to do with you. At the end of the hiring period you simply download your information and lock out.
The introduction of digital tachographs offers a new opportunity to check on agency drivers. "Ask them if they have a driver card," said Ridyard, "You could have a look at what they've been doing if they have been using a digital tachograph."
All drivers must adopt a different notion of time since digital tachographs operate in LITC (Universal Time Co-ordinated, which is the same as Greenwich Mean lime) throughout Europe. The driver must enter which countries he started and finished in. All manual entries must be in UTC. "Spare a thought for the Russian driver who is three hours ahead of GMT." said Oliver.
Ridyard believes that the increase in available information will lead to higher expectations from the authorities. "All this technology throws information into your lap that you haven't had before — and it gives the court or the Traffic Commissioner the power to ask: why aren't you managing this information properly?" •