Best Practice Guide towards Tachograph Systems Compliance

A Best Practice Guide towards
Tachograph
Systems
Compliance
www.soe.org.uk
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represents some 17,000 individuals and companies in engineering. It supports and
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IRTE (Institute of Road Transport Engineers), one of the most respected names in UK
transport, has always been recognised as an impartial voice of the industry.
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IRTE also hosts regular technical seminars and forums and works alongside the DfT to
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This guide was first published by the SOE in March 2008
ISBN: 978-0-9555685-2-7
Author: Gordon Humphreys Editor: David Jones
Design: Hazel Tufton Guide Coordinator: Sarah Prest
© 2008 Society of Operations Engineers
Contents
SECTION
PAGE
Introduction ................................................................................................................................
4
Management/Supervisors/Traffic Planners/Office Staff .......................................................
7
Drivers ........................................................................................................................................
8
Chart/download management and analysis .......................................................................
10
Chart analysis .........................................................................................................................
13
Digital issues ...........................................................................................................................
15
Other issues ............................................................................................................................
17
About the author/Useful telephone numbers .....................................................................
18
Other IRTE Publications ........................................................................................................
19
Picture credits
Pages 4, 10 and 11 – Stoneridge Electronics Ltd – www.stoneridgeelectronics.info
All other pictures in this booklet are from istockphoto.com
Introduction
The purpose of this guide is to give an
indication of what your tachograph
systems should include for you to protect
your Operator’s Licence.
In an industry of litigation and
prosecution, operators cannot afford to
fall short of Court and Traffic
Commissioner expectations. As they
endeavour to work within the EC Drivers’
Hours and Tachograph Regulations, and
the Road Transport (Working Time)
Directive, operators can still be
vulnerable to prosecution if one of their
drivers is involved in an incident.
Merely having systems in place will not
prevent a prosecution or provide a
defence. To ensure compliance, systems
must be monitored and, if necessary,
action taken. Included in this guide are
guidelines on how to meet expectations.
Operators’ liabilities of undertakings are set
out within EC Regulation 561/2006, which
came into effect on 11th April 2007. Their
‘Liability of Undertaking’ is set out in Article
10, Paragraphs 1 & 2, and states:
4
“1. A transport undertaking shall not give
drivers it employs or who are put at its
disposal any payment, even in the form of a
bonus or wage supplement, related to
distances travelled and/or the amount of
goods carried if that payment is of such a
kind as to endanger road safety and/or
encourages infringement of this Regulation.
2. A transport undertaking shall organise
the work of drivers referred to in paragraph
1 in such a way that the drivers are able to
comply with Regulation (EEC) No 3821/85
and Chapter II of this Regulation. The
transport undertaking shall properly instruct
the driver and shall make regular checks to
ensure that Regulation (EEC) No 3821/85
and Chapter II of this Regulation are
complied with.”
These broad statements give no specific
guidance on what, for example, a “regular”
check comprises.
However, guidance is available on the
actions expected of the operator. These are
stated in Transport Tribunal, Alison Jones
L56, which concluded:
Introduction (continued)
“In our view the statutory undertaking
requires more than to set up adequate
systems and then leave them to run
themselves. What is required is constant
supervision and monitoring to ensure that
the systems work. In other words I direct
myself to the efficacy (the effectiveness) of
the system to detect drivers’ hours and
tachograph offences and the resulting action
taken as a consequence of such findings”
Again, this statement does not provide
specific methods on how to comply with
your statutory undertakings. However, it
does set out that the onus is on the
operator to detect the offence and resolve
problems.
Article 10(3) of EC Regulation 561/2006
places further onus on the operator, as an
offence committed by a driver in their
employ may also result in the operator
being equally guilty. Article 10(3) states that:
The Department for Transport
Response to the Consultation Paper
of EC Regulation 561/2006 states
that a company must be able to
prove they have systems in place
for:
• Regular training (for drivers this
will also be covered in the Driver’s
CPC from 2009)
• Scheduling work in compliance
with the rules
• Checking and monitoring
compliance
• Taking appropriate action in cases
of non-compliance
This Guide will summarise what
these systems should entail.
“A transport undertaking shall be liable for
infringements committed by drivers of the
undertaking, even if the infringement was
committed on the territory of another
Member State or a third country. Without
prejudice to the right of Member States
to hold transport undertakings fully liable,
Member States may make this liability
conditional on the undertaking's
infringement of paragraphs 1 and 2.
Member States may consider any
evidence that the transport undertaking
cannot reasonably be held responsible
for the infringement committed.”
In summary, if the system in place does not
fulfil your obligations then you may also be
guilty of any offence committed by a driver.
5
6
Management/Supervisors/Traffic Planners/Office Staff
Management, Supervisors, Traffic
Planners and Office Staff have a legal
obligation to organise drivers’ work so
they can comply with regulations and
must ensure drivers are properly
instructed. Therefore, those planning
drivers’ work must fully understand and
schedule the work in accordance with
the law.
Operators must not allow a driver to
schedule their own work.
Summing up, when reviewing
Management/Office Staff,
companies should have systems in
place to:
1 Assess the individual’s knowledge
and take corrective action should
weaknesses be found
2 Provide appropriate training
3 Provide ongoing retraining and
assessment
Whether or not office staff have industry
awareness before employment, operators
must assess their knowledge and train them
in the law they must apply when scheduling
drivers’ work.
Operators should have on-going training
processes to ensure law changes, or
changes in the interpretation of law, are
taken into account. Proof of knowledge
obtained from training seminars and/or
assessments should be recorded.
4 Review drivers’ offences for any
weakness in scheduling and
control
5 Implement necessary
disciplinary processes and/or
re-education/training.
For management/supervisors etc, operators
should assess the nature of offences
committed by drivers in their employ.
Offences must be reviewed to determine if a
driver failure caused them, or if office staff
failed to organise work in a way that enabled
the driver to comply with law.
When proven that a member of office staff
caused the offence, either directly or
indirectly, then as with drivers (to be covered
later) operators must take appropriate steps,
via re-training and/or disciplinary processes,
to prevent the repetition of the offence.
7
Drivers
Drivers, because of their work, are
often remote from their companies.
However, operators must still show
proper control over drivers’ actions and
must instruct them in a way that ensures
compliance.
Due to this remote aspect, drivers MUST
have full knowledge of the legislation.
Consequently, operators must conduct a
proper assessment of drivers’ knowledge.
8
Despite a driver having, for example, twenty
years LGV/PCV experience, this does not
necessarily mean they are compliant with
the EC Drivers’ Hours and Tachograph
Regulations. Operators must assess drivers’
knowledge to determine any areas of
weakness.
Best Practice dictates this assessment is
undertaken before the driver works on your
behalf. Failure to identify weaknesses in the
Drivers (continued)
driver’s knowledge, which subsequently lead
to offences, will mean that the system is not
sufficiently robust.
If weakness is identified, it should be
addressed and any action taken should be
logged as proof, e.g. education/training.
A further obligation for operators is that
drivers are formally trained in the EC Drivers’
Hours and Tachograph Regulations. Such
training should be monitored, controlled and
preferably undertaken before any driving.
Proper records of training courses attended
should be kept within the driver records.
And vitally, operators must ensure those
conducting the training have a proper
knowledge of the law. Failure to ensure this
may lead to drivers being misinformed,
potentially causing offences.
Processes and timetables should also be
put in place to ensure all drivers undergo
regular re-training, as well as specific
training, when there are changes to
interpretation of legislation, or new
regulations.
Finally, if drivers commit an offence it is
essential that corrective action be put in
place. Such action should include retraining
and, where appropriate, written advice. Any
action must be logged and documented
along with proof of receipt by the driver.
There must also be a disciplinary process
linked to the EC Drivers’ Hours and
Tachograph offences. Failure to have
appropriate disciplinary processes may allow
a driver to continue offending. As such, the
operators’ obligation (to prevent a repetition
of the offence) is not adhered to.
In conclusion, the following
processes must be in place for
drivers:
1 Assessment of driver’s
Regulations knowledge before
employment (for existing drivers
who have not been assessed, it
should be undertaken when
implementing your internal
tachograph procedures).
2 All drivers should have
weaknesses identified and
addressed, via assessment,
before any driving is undertaken.
3 All drivers should preferably be
trained before driving
commences. Where this is not
practical, the operator should
take full control of the driver’s
hours worked and driven until
training is complete.
4 Records of all training and
assessments should be logged
and documented.
5 A full and proper process should
be in place to ensure necessary
retraining, written advice and
disciplinary action is taken to
ensure drivers improve or are
dismissed - should sufficient
improvement not be forthcoming.
Ensure that as with any
disciplinary action all procedures
meet the requirements of
employment law.
9
Chart/download management and analysis
The criteria for this section is to ensure
relevant processes are in place to issue
drivers with the correct type of chart or
roll of paper for digital tachographs, and
to make sure all records are received,
stored and analysed as appropriate.
With respect to managing records, the
following processes/checks should be in
place:
1 It is necessary to determine the types of
tachograph in the fleet of vehicles. Not
all tachographs use the same type of
chart and it is the operator’s
responsibility to issue the correct type of
chart. To do this, establish the make and
model of the tachograph and therefore
the type of chart to be used. It is
advisable to keep a record of this.
2 It is essential to ensure that operators
have sufficient stock of each type of
chart or digital roll and a suitable stock
monitoring and re-order process.
3 It is necessary to establish which drivers
have driven on which dates and where
applicable, which vehicle was driven. If
records are missing this will identify the
drivers responsible. Action can then be
taken to recover records at the earliest
available opportunity.
4 Best Practice processes ensure drivers
have been issued with a sufficient
number and the correct type of chart,
and their issue is recorded.
5 There must be a record of return to
ensure that all charts are returned,
including all dirty or damaged charts, as
prescribed by legislation.
6 The return of charts should be cross-
referenced with the record of drivers
10
working to ensure drivers return charts
for each working day, i.e. they have not
used un-issued charts to record working
periods that subsequently are not
submitted.
7 Records must be kept of all drivers’
downloads of digital cards. This should
identify the last download date and
Chart/download management and analysis (continued)
ensure driver downloads are undertaken
at appropriate intervals, which may be
less than the minimum legal requirement
of twenty-eight days.
8 Downloads for Best Practice should be
undertaken at regular intervals,
preferably on a weekly basis where this
is practical. This ensures that any
offences are identified and acted upon
at the earliest opportunity. The resulting
downloads should be checked to ensure
there is a record for each day worked to
identify, at the earliest opportunity,
whether the vehicle was driven without a
digital card inserted.
9 If records are missing, e.g. missing
charts or driver downloads, operators
must obtain manual records for the
analogue charts from the driver for the
work they have done. For those with
missing digital records, if possible the
driver should produce a printout from
the vehicle unit from the start and end of
their shift. Failure to do so will leave
gaps in the driver’s work record,
meaning that rest periods and working
time records are inaccurate.
With reference to scheduled work,
drivers should make manual records,
using any timed documentation, e.g. fuel
receipts, gate logs, weighbridge tickets,
to prove times shown are accurate. The
same process should be undertaken if
charts are stolen, in addition to the
crime reference number that should be
stored with the manual record.
10 If drivers regularly fail to return charts or
download digital smart cards, operators
should act appropriately to prevent a
repetition of the offence. This may
require disciplinary action.
11 Vehicle Units: These should be
downloaded regularly. Dependent upon
the operation, these downloads should
be undertaken every three months as a
minimum but preferably every four to six
weeks, or earlier. This is because
downloads contain important information
about vehicles’ over-speeding,
movements without a digital card and
other major events or faults that may
require immediate attention.
12 The operator should undertake further
checks to ensure there is no missing
mileage. Charts are better stored by
vehicle so continuity of odometer
readings and recordings can be checked
whilst filing. Where drivers use more
than one vehicle a day, a copy of the
chart should be filed with each vehicle’s
records.
11
Chart/download management and analysis (continued)
13 All vehicle units and driver card
downloads should be stored in a format
that can be made available for any
investigating authority.
14 Records must be stored for at least
twelve months to comply with EC
Drivers’ Hours and Tachograph
Regulations.
15 If operators use charts/downloads to
show compliance with the Working Time
Directive, the recordings must be stored
for two years from the end of the
reference period.
16 Drivers should retain at all times the
analogue tachograph charts for the
current day, any charts for the twenty-
12
eight calendar days before the current
day, plus any digital printouts taken over
the same period, i.e. the current
day and the previous twenty-eight
calendar days. They should also retain
their digital driver card if they have one,
even if it was not used during this period
or has never been used. As a maximum,
the driver cannot hold charts that are in
excess of forty-two days old.
17 If a driver is off work for a lengthy
period, the operator is advised to issue
them with a letter detailing the dates
they were absent from work. The
company’s contact details should be
noted so enforcement authorities can
verify information.
Chart analysis
1 Whether the chart analysis is undertaken
internally or externally, analysts must be
trained to examine records accurately. In
other words, they must not merely
transfer the data from the record sheet
onto the computer and then believe the
task is complete. Analysts must interpret
records in conjunction with other data.
2 If analysis is substandard, by way of
inputting data or because software is
unable to meet the complexities of the
legislation, then operators will still be
liable. Furthermore, if operators are not
clear about their expectations and
standards for analysis, they will be liable.
Tom McCartney, Traffic Commissioner for
the North East, stated in the Annual Traffic
Commissioners’ Report that “Failure to carry
out full analysis of tachograph charts should
not be countenanced by any reputable firm.
Failure to carry out a full analysis of
tachograph charts is akin to carrying out the
safety inspection of vehicles, while ignoring
the braking system of vehicles, something
that would never be contemplated by any
decent firm”.
3 Therefore, the onus is on operators to
ensure compliance of law through
analysis. A reputable firm will undertake
regular audits of the analysis, either
externally or internally.
4 When analysing records it is important to
look at:
• How often charts are analysed
• The turn-round time for analysis, from
receipt of charts from the driver through
to the completion and return of analysis
• The percentage of charts to be
analysed. This may vary as certain
drivers undertake work where the law is
unlikely to be broken. However, where
the driver undertakes work where
offending is possible, operators should
view a 100% analysis as best practice
• The accuracy of the analysis - which
should also be audited.
5 Operators should review and have set
systems in place when presenting
offences to drivers:
• An appropriate individual with specific
knowledge should review all offences
before presenting them to the driver
• Where appropriate a copy of the
driver’s record should be made
available and the offence highlighted for
easier understanding
• All offences should be presented to the
driver
• All drivers should sign to acknowledge
that the offences were explained to
them. The company representative
presenting the offence(s) should also
sign, in addition to noting any
comments made by either party with
respect to the offence or advice given
• Operators must also have corrective
procedures in place to ensure drivers
do not continue repeating the offences.
These include:
a)
Re-education/training courses –
logged and documented
b)
Educational literature, specific to
the driver’s needs
c)
A documented disciplinary process
that will result in dismissal if the
driver does not improve sufficiently
to meet the required standard.
13
Chart analysis (continued)
6 Operators should consider other
documentation to compare against the
tachograph records, whether digital or
analogue. For example, a comparison
should be made of tachograph charts
against a driver’s time sheet, job sheet,
clock card or other similar document.
These should be reviewed to determine
whether claimed hours on one document
match periods recorded on the
tachograph chart or digital record. Where
there is a difference, it is necessary to
determine which record is correct. If there
is missing time from the tachograph chart
or digital record, this may hide an offence
and may constitute failing to keep a
proper record, or making a record that
was known to be false.
14
Digital issues
The four cards used in digital
tachographs are:
1. Company Card
2. Driver Card
3. Control Card
4. Workshop Card
1 Company Card
These cards are issued to the company for
the purpose of:
• Identifying the company
• Allowing for the display, download and
printing of company related data (remember
the Company Card must be in the
tachograph head to fulfil these functions)
• Allowing data on the Vehicle Unit to be
locked in or locked out – It is
recommended that on the vehicle’s
receipt, the tachograph head be locked
into your company. On the return/sale of
the vehicle the tachograph head can be
locked out to prevent other operators
accessing your information
A record should be kept of the Company
Card numbers and of who holds the
cards.
2 Driver Card
These are cards issued personally to each
individual driver and must be applied for
from the DVLA.
a) The Company should make a regular
check (every six months) of the digital
cards to ensure:
• The driver’s card number remains the
same
• The driver has not replaced the card
without company knowledge
• The card has not expired
Each card is valid for no more than five
years and the driver must apply for a
replacement within fifteen calendar days
of its expiry.
b) If a driver has never applied for a digital
card, or is waiting for their first card, they
are not permitted to drive a vehicle with a
digital tachograph.
c) If the card is lost/stolen/damaged or
malfunctions drivers can continue to
drive a digital tachograph vehicle for up
to fifteen days. However, they must
apply for a replacement card within seven
days and the relevant authority should
issue the new card within five working
days.
The driver may be required to collect a
replacement card in person from the local
VOSA testing centre. Whilst defective, the
driver must take a printout from the
vehicle unit at the start and end of each
shift. These records should be kept as
though they were tachograph charts and
submitted to the company for retention
and analysis.
IMPORTANT – Drivers must retain any
printout taken for the required period. It
must also be returned to the company as
though it were a tachograph chart. If the
card is found after being reported lost or
stolen, under no circumstances should it
be used, as a replacement will already be
issued.
d) Once issued, drivers should carry their
card with them at all times, even when
driving a vehicle with an analogue
tachograph and even if the driver never
used the digital card.
e) Cards should be inserted into the
tachograph head before commencement
of driving. Digital tachographs are not a
15
Digital issues (continued)
‘push and go’ system and drivers must
be trained in their use to:
• Make manual entries, i.e. work done
either before insertion of the card or
after removal or between vehicles if
changing vehicles during the shift
• Know when and how to take printouts
• Change times and many other
processes
Failure to provide training may result in
drivers having incomplete records, which
is an offence.
16
3 Control Card
These are used by enforcement personnel
to allow identification of the control body for
reading, printing and/or downloading from
digital tachographs.
4 Workshop Card
These are not for use by operator’s
workshops, but for approved individuals
within calibration centres to activate,
calibrate and download data from digital
tachographs.
Other issues
1 As well as time sheets, operators may
also consider other timed documentation,
e.g. gate logs, fuel receipts or weighbridge tickets, for comparison to drivers’
records to confirm the accuracy of the
chart or download.
2 Wage records should be checked to
ensure drivers are not paid in a way
that is illegal, i.e. bonuses or wage
supplements that may be considered
an inducement for drivers to offend. In
addition, hours records should be
verified to ensure drivers only work
legislated hours and are not claiming
hours worked which could not be
undertaken legally.
where applicable, together with the
record of inspection sheet - a copy of
which should be given to the vehicle
operator.
Furthermore, both the driver and operator
are responsible for correct working of the
tachograph head. If a defect is found, the
repair must be carried out as soon as
possible. Whilst defective, drivers must
make manual records of their activity and,
if possible, take printouts from the digital
tachograph for retention.
3 Agency Drivers: Although the onus is on
the agency to provide drivers who have
taken required rest periods, it is Best
Practice for operators to check drivers’
records before they commence
employment. Similarly, operators should
ensure drivers understand regulations,
company procedures and that they sign a
declaration to confirm this. If it is found,
on receipt of driver records from the
agency, that a driver has breached
regulations, the agency should be
notified. Drivers should not be employed
until it is proven they took appropriate
training and education to prevent a
repetition of the offence.
4 Calibration and repairs: Both analogue
and digital tachograph heads must be
calibrated. Systems should be in place
for each tachograph head fitted to
undergo calibration checks every two
years from the date of manufacture.
Every six years they should undergo a full
calibration. All calibrations must be
undertaken by an approved calibration
centre that should retain test charts,
17
About the author
The author, Gordon J F Humphreys, is a Senior Tachograph Consultant for Foster
Tachographs, a division of Rainkine Thompson Limited. He is an Associate Member of
the SOE (Society of Operations Engineers), an Associate Member of the IRTE (Institute
of Road Transport Engineers) and is a graduate in Government and Public Policy (BA
Hons).
Involved in tachographs for over twenty years, Gordon Humphreys is recognised as a leading
expert in the forensic analysis of tachograph charts, EC Driver’s Hours and Tachograph
Regulations, Road Transport Working Time Regulations and Tachograph Systems
Compliance.
He has worked on many high profile cases for both defence and prosecution, including those
involving Corporate Manslaughter and Conspiracy. He has given evidence at many Public
Inquiries and Court cases throughout the United Kingdom and Ireland.
Based upon this knowledge and experience, Gordon advises various transport operators on
appropriate systems for their organisation - advice designed to meet the expectations of
Courts and Traffic Commissioners. The summary of these systems is given in this guide to
help aid your compliance.
Foster Tachographs, A Division of Rainkine Thompson Ltd,
44 Lower Market Street, Broadbottom, Hyde, Cheshire SK14 6AA
Useful telephone numbers
ACTIA
.................................................................................
DEPARTMENT FOR TRANSPORT
FOSTER TACHOGRAPHS
................................................
..........................................................
IRTE (INSTITUTE OF ROAD TRANSPORT ENGINEERS)
RAINKINE THOMPSON LIMITED
SIEMENS VDO
18
..................................................
......................................................................
STONERIDGE ELECTRONICS
VOSA
.......................
01686 611150
020 7944 8300
01772 655155
020 7630 1111
01457 767309
0121 326 1234
....................................................
0871 700 7070
.................................................................................
0870 606 0440
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All these guides can be downloaded from www.soe.org.uk. To order hard copies of any of these
publications please contact the technical services department at [email protected] or telephone
020 7630 1111. IRTE is a professional sector of SOE (Society of Operations Engineers).
Sponsor
IRTE thanks the following company for their support in publishing this guide.
Stoneridge Electronics Ltd, formerly Veeder-Root,
is an international provider of superior products, services and expertise
within the commercial vehicle aftermarket. With a long history in the
tachograph business and a huge worldwide service network
we are in a unique position when it comes to understanding our users
and providing a product that meets their every need.
Stoneridge Electronics Ltd
Claverhouse Industrial Estate
Dundee DD4 9UB
Tel: +44 871 700 7070
Fax: +44 870 887 9241
www.stoneridgeelectronics.info
www.optac.info
IRTE is a Professional Sector of SOE
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