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Digital Tachograph and EU drivers' hours rules
to avoid fines and prosecution you will have to analyse the digital and analogue data and train your driver's
The operator has the legal duty to check digital and analogue driver’s data for any infringements and must put in place a systems for immediate action to correct a situation, give training and enforce control measures to prevent non-compliance again.
All monitoring systems should make sure that you or the responsible manager are aware of all critical dates for mandatory and safety checks on vehicles and components. (See RSA Bus and Truck Operators Guide to Road Safety)
The Driver’s duty’s from 1 January 2008, he/she must be able to produce, whenever an enforcement officers requests them:
the
driver cardany
digital record and printout made during the
current day and the previous 28 days plus the
Form of Attestationanalogue
charts for any vehicle fitted with an analogue
tachograph driven by the driver in the current
day and the previous 28 days plus the Form of
Attestation
EU drivers' hours rules
Driver and operator responsibilities for making sure EU drivers' hours rules are followed
As an employer, you are liable for any breaches of the European Union (EU) drivers' hours rules committed by your drivers. However, you won't be held liable if you can show that when the breach took place, you had organised the driver's work within the rules. You will need to show that:
no payments were made that encouraged breaches
the work was properly organised
the driver was properly instructed
regular checks were made You must also show that you have taken all reasonable steps to avoid the rules being broken. If you can prove that the driver was doing other driving jobs that you could not have reasonably known about, you will not be held responsible for breaching the rules.
If a driver breaks the rules on keeping records, the law will protect you - as an employer - from prosecution, so long as you can prove that you took all reasonable steps to make sure that the driver kept proper records.
If you haven't met your obligations, you may face prosecution for drivers' hours offences committed by the driver.
to see Driver 1 and Driver 10 detail of infringements click here and to see all drivers infringements click here
As well as the driver and operator, the EU rules also make other parties responsible for playing their part in meeting rules on driver hours. These parties include consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies. They must ensure that contractually agreed transport time schedules respect the rules on drivers' hours.
The parties must take all reasonable steps to meet this requirement. If a contract allows the transport time schedules to respect the EU rules, then the requirement would normally be satisfied.
A driver employment agency is unlikely to free itself from the responsibility if it is found to have been offering jobs to drivers where it will be impossible for these drivers to take a daily or weekly rest in between.
| The Driver's 10 Commands | |
| 1 | Daily driving must not exceed nine hours, although this may be extended to ten hours twice a week |
| 2 | Weekly driving must not exceed 56 hours |
| 3 | Fortnightly driving must not exceed 90 hours in any two consecutive weeks |
| 4 | Drivers must take breaks that total at least 45 minutes during or after a maximum of 4.5 hours of driving. The break can be split into two periods, one of at least 15 minutes followed by one of at least 30 minutes. You cannot split breaks into three periods of 15 minutes |
| 5 | Drivers must normally take at least 11 consecutive hours of daily rest. This can be reduced by up to two hours on no more than three occasions between any two weekly rest periods |
| 6 | Drivers may split their daily rest into two periods totalling 12 hours. If they do, the first period must be at least three hours and the second at least nine hours. You cannot split daily rest into more than two periods |
| 7 | Within six 24-hour periods from the end of their last weekly rest, drivers must extend their daily rest period into a weekly rest period. This may be either the regular 45-hour weekly rest or a reduced period of at least 24 hours |
| 8 | To create the Form of Attestation for any free day, other work or driving for a different operator |
| 9 | To download the Driver Card every 21 days |
| 10 | To have all records manual, digital or analogue for all your driving all activity and the Form of Attestation off the current day and the previous 28 days |
if you would like to perform a free and confidential stress test on your driver's digital data please contact us stresstest@prodrivers.eu also all self-employed drivers, par-time and agency drivers , remember you have to keep this records and be able to o produce, whenever an enforcement officers requests them.