Roadside production of tachos, by Tim Ridyard
Failure to supply sufficient records at the roadside is likely to be a Band C penalty of £120 under the intended graduated penalty scheme to be introduced later this year/ early next year. In the meantime it is sensible to use these guideline fixed penalties in court to persuade magistrates not to impose higher penalties.
RETENTION OF TACHOS BY DRIVERS
Driver Hours Tacho Rules . Can you account for your 21 day history?
It is a drivers’ personal responsibility to hold tachos in the cab for the last 15 days and the current week hence up to 21 days. VOSA show very little patience for failure to produce and will issue a prohibition which could lead to criminal prosecution.
One client of mine had been working in another job outside the transport industry for 14 out of the 21 day period and when stopped was quite rightly only able to produce the last 7 days tachos during which time he had been driving. He was given a prohibition for failing to produce evidence of his activities during his alleged time away from driving. This is a little harsh but shows you how you are wise to be able to account for activities. If you or your drivers have been for example on leave, a simple letter from the employer or travel documents can confirm this. VOSA call it “a letter of accreditation”. Make sure you or your drivers can account for their time.
Practical advice on managing your Operator Licence is provided by Elizabeth Caple, Transport Law Solicitor. firstname.lastname@example.org
0117 9075699 0781 441 4374