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Drivers face prosecution if they forget to alter tacho mode switch

7th August 2008, Page 22
7th August 2008
Page 22
Page 22, 7th August 2008 — Drivers face prosecution if they forget to alter tacho mode switch
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Which of the following most accurately describes the problem?

WITH REFERENCE to your article 'VDO digitach upgrade helps resolve mode switch errors' (CM 10 July), I quote your second paragraph: "Drivers are sure to welcome the fact that their tachograph can now automatically default to rest as soon as they stop their engine, just as in the days of analogue tachos."

I would like to point out that analogue tachographs did not default to rest. The driver had to select rest/other work/POA by using the mode switch; only drive was automatically recorded. If the mode switch was left on the rest icon it would record rest every time you stopped or gave way on the road. If this happens, the driver is guilty of not using the mode switch and is liable to prosecution for non-compliance.

Breaks under Drivers' Hours Rules are of 15 minutes, plus 30 minutes or 45 minutes in a single break. However, Working Time Directive breaks taken during the working periods must amount to a minimum of 30 minutes if working between six and nine hours or 45 minutes if working more than nine hours. Therefore breaks taken can be only of 15, 30 or 45 minutes long. Anything longer does not count. But breaks taken can count to either set of rules for rest breaks.

Having done multi-drop loads of 15 deliveries and 10 collections on return, the engine is stopped 20-plus time a day. I remove the keys from the ignition and lock the cab. The driver will have to alter the mode switch 20-plus times a day from rest to other work to POA and he's going to forget several times, meaning he could be prosecuted for non-compliance.

A maximum 15 hours of work is possible, needing only 90-minute breaks to comply with the Drivers' Hours and Working lime Directive regulations.

If a driver is stopped by Vosa and the card is analysed and it says they've had, say, three hours' rest since the start of the shift, can they prove which are legal breaks?

There's nothing wrong with the digital tachograph defaulting to other work when you stop, you need to alter the mode switch only when you want a break or POA.

David Winstonley Wigan

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