- Whose job is it to ensure drivers follow hours regulations?
- What rules are applicable?
- What is the penalty for breach of these rules?
- What is a working day?
- When do tachographs need to be used?
- Who issues record charts?
- How should tachographs be used?
- What is the tachograph is damaged or broken?
- When don't these rules apply?
- What additional exemptions apply to the UK?
- Who should apply for a digital tachograph card?
- When should I / we apply for a digital tachograph card?
- How do I / we get a company smart card(s)?
- How many cards can the company have?
- How long are company cards valid for?
- Do I need a company card if I am an owner driver?
- Do I have to have a photocard driving licence?
- Who are company cards issued to?
- What happens when your company card expires?
- What happens if your company card is lost or stolen?
- What happens if the digital card stops working?
- Who does the company card belong to?
- What data does the company card hold?
- How do I / we see what is on the card?
- How many days are held on a drivers' digital card?
- Do I / we need to keep driver(s) records / data?
- Do I / we still need to carry out periodic checks?
- How do I / we view a driver card?
- What can I do if I have lost or ruined a chart, or had my chart(s) stolen?
- How do I / we analyse the drivers’ hours?
- Should I be using more than one tachograph chart, if I drive a number of vehicles during the day?
- Whose job is it to ensure drivers follow hours regulations?
It is the responsibility of both the drivers and their employers.
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- What rules are applicable?
EC rules apply to drivers of most goods vehicles with maximum permissible gross weight (including any trailer) exceeding 3.5 tonnes. Separate domestic rules apply to goods vehicles within the UK which are exempt from EU rules
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- What is the penalty for breach of these rules?
Current maximum is £2,500 for breach of the drivers' hours rules and £5,000 for failing to install/use a tachograph. Deliberate falsification of tacho charts can mean a £5,000 fine or 2 years' imprisonment.
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- What is a working day?
Any period of 24 hours beginning with the resumption of other work or driving after the last daily or weekly rest period.
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- When do tachographs need to be used?
Whenever driving under EC rules.
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- Who issues record charts?
The employer must give drivers sufficient charts for the whole journey, plus spares for damage/loss.
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- How should tachographs be used?
Drivers must enter their surname and forename; the date(s) and place(s) where the use of chart begins and ends; the registration of the vehicle(s); their odometer readings at the start and end; and the time of any change of vehicle.
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- What is the tachograph is damaged or broken?
If there is anything wrong with a tachograph, get it repaired by an approved repairer as soon as possible. If a vehicle can't return to its base within a week of the discovery of failure, repair must be carried out en route. In between, manual records must be kept.
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- When don't these rules apply?
The following exemptions are common across the EU. In addition, there are other exemptions specific to the UK, which are detailed below. In almost all cases where a vehicle is exempt from EC rules it is still subject to UK Domestic Regulations. The common EU exemptions are:
- Goods vehicles with maximum permissible gross weight not exceeding 3.5 tonnes, including any trailer or semi-trailer.
- Goods vehicles with a maximum authorised speed not exceeding 30km/h.
- Goods vehicles used by armed forces, civil defence and emergency services.
- Goods vehicles used in connection with sewerage, flood protection, utility services, highway maintenance, refuse collection/disposal, telegraph and telephone services.
- Specialised vehicles used for medical and breakdown purposes.
- Vehicles transporting circus/fun-fair equipment.
Vehicles used for non-commercial carriage of goods for personal use.
- Vehicles used for milk collection from farms and return of milk containers or milk products intended for animal feed.
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- What additional exemptions apply to the UK?
The following are among the additional exemptions for those driving in the UK:
- Vehicles used by agricultural, horticultural, forestry or fishery undertakings carrying goods within 50km radius of the vehicle's usual base.
- Vehicles carrying animal waste or carcases not intended for human consumption.
- Vehicles used as shops at local markets or for door-to-door selling and specially fitted for such use.
- Vehicles with a maximum permissible weight of not more than 7.5 tonnes carrying material or equipment for the driver's use in the course of his work within a 50km radius of the vehicle's usual base, where driving the vehicle is not the driver's main activity.
- Goods vehicles with gross vehicle weight of not more than 7.5 tonnes powered by gas or electricity.
Vehicles used for driving instruction not carrying a commercial load.
- Tractors used exclusively for agricultural and forestry work.
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- Who should apply for a digital tachograph card?
If you do or are going to operate a vehicle subject to the EU driver’s hours’ regulations you will need to apply for one. Your fleet may not have vehicles with digital units, but hire and loan vehicles you use may well have as they are often new vehicles.
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- When should I / we apply for a digital tachograph card?
You can start to apply for your card now from the Driver and Vehicle Licensing Agency (DVLA). DVLA will be issuing cards from June 2005.
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- How do I / we get a company smart card(s)?
You can apply to DVLA now using the dedicated phone line 0870 8501074. Application forms (D779B) will be available from the DVLA, DVLA Local Offices and VOSA Testing Stations. Return the completed form with any relevant documentation [if applicable] and the fee to DVLA, Swansea, SA99 1ST.
There are notes on the form D779B to assist in its completion.
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- How many cards can the company have?
A company can have up to 2,232 cards. The number you apply for will depend for example, on how many depots you have, the number of people who will use them at each depot etc to allow you to run your operation easily and efficiently.
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- How long are company cards valid for?
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- Do I need a company card if I am an owner driver?
Yes. You will need it to protect your data in the vehicle unit if you hire in or sell a vehicle and also to download the data.
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- Do I have to have a photocard driving licence?
No, it is perfectly feasible for a non-driver to hold a company card. A Company card does not entitle you to drive a vehicle.
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- Who are company cards issued to?
Company owners, Transport Managers, Owner Drivers - in fact anyone the owner of the company deems it necessary to hold one.
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- What happens when your company card expires?
Before the expiry of your card you will receive a reminder. If you wish to re-new your card(s) you will need to complete the application form and send it to DVLA with the relevant documentation and fee no later than 15 working days before the expiry of your card.
However, if you do not receive a reminder and you wish to renew your card you will need to complete the D779B application form and send it to DVLA with the relevant documentation and fee no later than 15 working days before the expiry of your card.
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- What happens if your company card is lost or stolen?
In both cases, you or a representative need to complete an application form D779B and send it with the relevant fee to DVLA, Swansea, SA99 1ST.
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- What happens if the digital card stops working?
You will need to send the faulty card, completed application form to DVLA. If you do not return the faulty card, DVLA will have to treat the card as lost or stolen and the relevant fee will be charged.
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- Who does the company card belong to?
The card, like a driving licence, belongs to the Secretary of State for Transport.
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- What data does the company card hold?
The card will hold identification data of:
- card number;
- issuing state, body and date;
- valid from and expiry dates; and,
- company name and address.
It will then store the following other information:
- activities carried out - locking in or out / vehicle unit and / or card downloading;
- period downloaded (if any);
- vehicle registration and registering authority; and,
- card number and issuing body (if card downloaded)
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- How do I / we see what is on the card?
You can view the data on the card by downloading it on to a computer with the TachoMagic software .
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- How many days are held on a drivers' digital card?
A maximum of 28, but this is not guaranteed, multidrop drivers however, will fill the card quicker which signifcantly reduces the days held.
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- Do I / we need to keep driver(s) records / data?
As with tachograph charts, you will need to keep records for each of your drivers for a year. As the data on a driver card will be overwritten after about 28 days, then you will need to take a copy of this data before it gets overwritten. In the case of the digital tachograph there is also data stored in the vehicle unit, and this must also be retained.
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- Do I / we still need to carry out periodic checks?
YES, there has been no change to the operators obligation to ensure that driver’s duties are organised to be legal and to make periodic inspections of driver’s duties to ensure that they are complying with the regulations.
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- How do I / we view a driver card?
By downloading the data, printout via the vehicle unit or viewing it visually on the vehicle unit display.
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- What can I do if I have lost or ruined a chart, or had my chart(s) stolen?
A note should be produced for your employer's files explaining the circumstances for the loss/damage of the charts in question. It may also help your case if you can produce some paperwork proving, for instance, that the theft of the charts had been reported to the police. Depending on the circumstances involved you may also wish to contact your local area office of the Vehicle and Operator Services Agency (See Annex E of GV262 and Annex D of PSV375 for contact details) about the loss/damage of the chart(s).
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- How do I / we analyse the drivers’ hours?
Use TachoMAGIC to deal with all your analysis concerns.
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- Should I be using more than one tachograph chart, if I drive a number of vehicles during the day?
If the tachograph devices in each vehicle are compatible, the same chart should be used for the whole of the day. If not, then separate charts will need to be used and then clipped together at the end of the day, as a complete record of the day's work.
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