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Your questions answered
First time users of digital tachographs can initially find the subject a little daunting but fear not, help is at hand. If you have any questions you would like to ask us regarding digital tachographs please use the Contact Us Form and we will be happy to answer your query or give general advice.EU Regulations & Legal Cases
Since the 1st May 2006, all new commercial vehicles have a digital tachograph fitted.
Digital tachographs record activity data onto both driver digicards and the Vehicle Unit (VU). This digital data MUST BE COLLECTED by downloading the VU no later than every 90 days (by the owner or hirer) and 28 days for the digicards (by the transport undertaking, i.e. the operator who the driver is carrying out work for and this includes agency or self-employed drivers) in order to comply with EU Regulation 561/2006. The downloaded files should be stored to an office based computer.
In order to comply with the Working Time Directive (WTD) for mobile workers, driver digicards must also be downloaded and analysed by the company that operates PAYE for those drivers. So this could be the transport undertaking, the agency, the umbrella company or the drivers if they are self-employed or run their own limited company.
In the
event of an inspection, the DVSA will require access to the collected data, NOT the paper printouts from the VU.
Failure to produce or loss of this data is effectively the same as throwing away your tachograph charts and SEVERE PENALTIES
can be imposed, including revocation of your Operator's Licence !Data must be retained for 12 months and the DVSA strongly advise Operators to SECURELY BACKUP DATA OFF-SITE. To comply with the WTD, driver card data should be kept for 24 months.
The Corporate Manslaughter Act
The Corporate Manslaughter and Corporate Homicide Act 2007 states that companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care which has lead to a fatality.
This Act covers non-compliance of EU Regulation 561/2006.
Pitstop Flag
Our easy to use and cost effective product Pitstop Flag lets you, the Operator, satisfy your legal obligation by providing a hardware device (if you do not have one already) to download the digital tachograph data and the tachograph analysis software to import that data to your computer for creation of reports that include driver infringements and speeding.
Many companies have told us how the reports have surprised them by revealing unintentional infringements and we have witnessed ourselves some real gems from mis-use of both company and driver cards. So in other words, reporting software is a must.
So now rather than later is the time to act if you have just bought a lorry with a digital tachograph. If you wish to see how Pitstop can meet your requirements, take a look at the Features and Benefits or request our free Trial version today.
Important notes
- The reports will help you comply with EU Drivers' Hours and the Working Time Directive and bring to your attention any infringements. This will enable you to modify incorrect driving patterns and document reasons for them in advance. As DVSA examine the raw digital data this information will be revealed and being unaware of infringements through lack of a reporting system will not be acceptable as a defence. Having tachograph software will show DVSA you are at least trying to meet your obligations.
- After an accident the Transport Manager should download the VU a.s.a.p. and print off the speeding records as these may be required for evidence.
- With DVSA implementing extra 24/7 traffic inspection points along strategic routes, our product will help you avoid problems and keep to your commitments that you signed up to when you applied for your Operator's licence
- A useful site to visit for some general legal cases is Commercial Motor.
- Publications such as Trucking and Coach, Bus Weekly and Commercial Motor all run 'cases of interest' pages.
- In June 2010, Intake Transport of Scunthorpe pleaded guilty to 30 offences of exceeding driving periods and insufficient daily rest and were fined £15,000 and additionally ordered to pay costs totalling £30,000!
- If your vehicle or the one you have rented is used for hire, reward or for the carriage of commercial goods then it is a candidate for a tacho.
- If the fully laden weight of the vehicle exceeds 3500Kg or its combined weight with a trailer exceeds 3500Kg.
- Exemptions may apply, for example, to buses, coaches, minibuses, horseboxes, Irisbus Iveco, Daily Unijet, etc.
- Further information can be found at the DVSA website or contacting your local DVSA office.
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