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Little-known tachograph rule could catch operators out on drivers’ hours

Operators are being warned about little-known tachograph rules that could leave them non-compliant on drivers’ hours as the DVSA actively starts enforcement.

The rules apply to every driver undertaking any EU-regulated driving

The new regulation, which have been highlighted by Trutac, requires commercial vehicle operators to record and show evidence of drivers’ timetables – both during and outside of working hours – for the past 28 days and applies to every driver undertaking any EU-regulated driving (both HGV and PSV).

It’s part of EU Mobility Package rules that were introduced for the most part on 20 August 2020 and require operators to provide a 24/7 record of drivers’ activities for the previous 28 days at the roadside. This must be documented via a tachograph chart, the driver’s digital card or a printout from the digital device. And it still applies even if they only undertook one EU Regulated driving duty in the prior 28 days.

The regulation is not just limited to the time driving time behind the wheel or even engaged in other activities for the business; it requires operators to show complete evidence of drivers’ entire calendars for the period, including daily rest, days off and sick leave.

The regulations are being enforced by the DVSA during roadside stops and when investigating operators. Traffic Commissioners are also reportedly scrutinising operators’ facilities to find out if they have systems in place to document drivers’ timetables in sufficient detail.

TruTac’s managing director Jemma James said: “Operators really need to know about this regulation because, based on feedback from our customers, we know the DVSA are actively enforcing it. However, there has been absolutely no publicity about it whatsoever, so it is incredibly easy for even the most diligent commercial vehicle business to inadvertently contravene the rules.”

It’s a particular issue for part-time, agency or drivers who work a mix of EU regulated driving and non-EU. But TruTac said there is software that can help – such as its TruControl fleet management portal which provides a suite of software applications for effective all-round compliance management.

“This regulation is a real headache for operators, and it’s worth remembering that it applies to any driver undertaking EU-regulated journeys – even an occasional agency driver,” added James. “Drivers and operators will be expected to produce these records when stopped, so it’s vital that they have a solid and dependable way of capturing and presenting the data.”

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Written by Natalie Middleton

Natalie has worked as a fleet journalist for over 20 years, previously as assistant editor on the former Company Car magazine before joining Fleet World in 2006. Prior to this, she worked on a range of B2B titles, including Insurance Age and Insurance Day.

Natalie edits all the Fleet World websites and newsletters, and loves to hear about any latest industry news.

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