A: If the driver is under no obligation or instruction to complete this training outside of work with provisions in place to do this during a working day, and are choosing to do this training of their own volition, then this would be considered as part of their rest and would be recorded as such.
If there is a concern or fear of repercussion or consequence of failing to do this training, then our interpretation would be that they are under instruction and as such be classed as working time.
Never leave the yard...
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 ‘2: 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 under assimilated drivers’ hours 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 for loading or unloading or a repair in this case. The government guidance document GV262 covers off 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.
