Ask the MAC

Make or break

Q) We suspect that one of our drivers is taking his digicard out mid-shift, then working, re-inserting his card and doing a manual entry to say he’d taken his break. Would you be able to advise us on what we should do as a company if what we suspect is true? Are there any legitimate reasons why a driver should remove his digicard mid-shift?

A) Section 4 of GV262 states that: “When driving a vehicle that is equipped with a digital or smart tachograph, drivers must:

•    ensure that the card is not removed from the tachograph during the working day unless otherwise authorised. The rules are not specific on who can authorise removal of the card, but cases where cards can be removed include a change of vehicle, or where another driver will be using the vehicle during a break or rest period.” In our interpretation, authorisation would most likely be from an employer, as in the case of switching vehicle or switching drivers in a two-man operation, or by an enforcement officer if stopped at the roadside.

One way to confirm this would be to check the vehicle download for any driving during a period where the card was not inserted. If this was discovered to be happening by an enforcement officer, then the driver could be prosecuted. If motive is suspected but cannot be proved, then a fixed penalty of £200 could be issued, and in both cases the operator would be subject to follow up enquiries. This can be found on Page 159 of DVSA’s Enforcement Sanctions Policy.

SORN off?

Q) Can you please confirm something on O licence margins. I understand we need to apply for a major change to our O licence to increase the authorised vehicles and allow a margin. My question comes as we are about to purchase additional vehicles and will be looking to increase the margin but are keen to find the right time to do this.  The vehicles may be sat in our yard for a month or two after they arrive as we are procuring through a tender process.  Is the authorisation to operate the vehicles or to store the vehicles at the yard?

A) The authorisation on the Operator’s Licence includes the storage of vehicles if they have been registered and have road tax applied. Vehicles which are subject to a SORN notification are not required to be on the Operator’s Licence as per Stat Doc 0, paragraph 8. “In interpreting the legislation and case law, the Senior Traffic Commissioner has concluded that a vehicle which is the subject of a SORN does not require authority on the operator’s licence, although it may still be relevant to the capacity of the operating centre if stored at those premises.”

Published On: 25/07/2024 13:27:37