Ask the MAC – 19 Mar 2026

Tach to the future

Q: One of our vehicles was parked in the yard awaiting repair, so the driver put the vehicle on break. When the driver returned at the end of the repair, the tachograph was no longer on break as the repair agent had moved the vehicle as part of the repair. This generated an infringement; what would happen to the driver?

A: There are numerous references within legislation which define the driver card as being the responsibility of the driver themselves. Article 27 of EU 165/2014 states that “The driver card is personal.” Article 34 states, “Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged record sheets or driver cards.”

While normally reserved for analogue charts to stop them becoming scratched, the driver card must also be protected from misuse or damage. The engineer may not have a card and may be exempt from assimilated drivers’ hours rules if they never carry goods or passengers in the course of their employment.

By leaving the card in the vehicle, it opens the possibility that the card may be used by someone other than the authorised person, even unwittingly. This could be, for instance, moving the vehicle for loading, unloading, or, as in this case, during a repair. The Driver and Vehicle Standards Agency (DVSA) guidance covers the authorised reasons for a manual entry, and there may be an avenue in this instance; however, it would be down to the discretion of an enforcement officer as to whether this was accepted.

Steppin out…

Q: One of our drivers has informed us that they cannot drive one of our new vehicles as it does not have a step to access the rear of the vehicle, and they have said that it is a legal requirement. Is this correct?

A: There is no requirement under the Road Vehicles (Construction and Use) Regulations 1986 for vans to have a rear step fitted. It is, however, mandatory for a rear bumper to be fitted, which could also double as a step.

As for the driver’s concern, we would suggest carrying out a risk assessment to see if there are any further requirements for a step to be fitted to the vehicle, taking driver welfare and health and safety requirements into consideration when doing so. Although it is not a requirement, it could be seen as a reasonable adjustment if the driver in question has any mobility issues.