Tachograph infringements

[dancar]

I work for a company who scan all of the drivers manual tachographs and sent them to the FTA for analysis. We receive infringements for anything done incorrectly. I also occasionaly take other work outside of this work and use a rented tachograph vehicle, I have to supply my employer with the tachos for their records. I recently did this and went over my working hours by 20 mins by accident, my employer says it is giving me an infringement under their rules. Is this fair and legal? Are they able to give me an infringement for work done outside of their employment? Any advice gratefuly received

[123everton]

I would say so, you went over your driving hours, it doesn't matter who you are driving for, you can only do it for a specified time.

[Panic Button]

What does it matter?

Just sign the infringement and forget about it.

[TWR]

Panic Button, the difference COULD be in the region of a £1000, It seem HGV Drivers nowadays will get done for farting at the wrong time of day. T.W.R EX HGV of 38yrs, now out of the rat race. regards the £1000 as stated, I can assure you that is right.

[ABerrant]

TWR - why pick a random figure of £1000? The maximum fine for exceeding drivers' hours is £2500. Or VOSA can issue GFPNs of £60, £120 or £200 depending on the severity of the offence.

There is an obligation for employers to ensure their drivers do not breach the rules either during or outside of employment duties and that proper records are taken. To avoid co-liabilty an employer must prove that they had no responsibiity toward their driver committing the offence, thus they are covering themselves in this respect which is right and proper as the offence was committed outside of the contracted duties.

[TWR]

I did say "COULD" ABerrant, did not say it will, that's one of the reason I came out of the rat race. Its the only job in the country that you can get done for working too hard.

[Panic Button]

TWR you are talking about fines if VOSA stop you and find fault.

If your company gives you an infringement it goes into your file and nothing happens.

Incidentally I am a class 1 HGV driver.

[TWR]

Hi Panic, regards to your reply, yes you are right but do you know the more infringements you get the closer you are to getting your Class 1 revoked by the VOSA, I'm sure a lot of Drivers of HGVs are unaware of this. for the responsibility that driver have now it's not worth the money, I still hold my Class 1 in case it may be needed but that's about it.

[ABerrant]

What an injustice!

HGV drivers are given personal responsibility to not break the law and if they do commit a number of offences they will lose their licence. Heaven forbid that this principle should ever apply to the rest of the road-using public.