If a driver is due to take a break but encounters an unexpected delay such as a traffic accident, they can call their manager – hands free – and request that a record of the event is made using the Unforeseen Events Record book. The manager also records their advice to take a break as soon as the event is resolved and the driver is able to park the vehicle safely to rest from driving.
Observing Drivers’ Hours and the Working Time Directive is essential for protecting Operator Licences and Restricted Operator Licences; and it is therefore vital that drivers take the required breaks from driving. If they do exceed their hours, drivers must make a notation on the digital tachograph printout or the analogue disk.
Using the Unforeseen Events Record book, the manager can take details of any unforeseen event and create an accurate record of why the driver may not be able to take their break on time, supplementing the tachograph record. This record is made before the driver’s break would have been due to be taken, in anticipation that the driver’s hours will be exceeded.
Three copies are generated; one is given to the driver as soon as possible to carry with them to show to the police or other authority if stopped for a spot check; the second is entered into company records to accompany a digital readout or analogue tachograph chart to explain any breaches of drivers’ hours recorded by the tachograph; while the third remains in the Unforeseen Events Record book for future reference, creating a company log of unforeseen events.
“Explaining to the Police, a Traffic Commissioner or the DVSA why a driver did not take a break at the right time can be difficult, especially if it was a minor event and some weeks have passed since the unforeseen event,” explained Derek Broomfield, chairman of Novadata.
“Only major traffic incidents will have historic records, so it may be difficult to prove retrospectively that the incident occurred The Unforeseen Events Record forms a robust record of the incident, explaining why the break was not taken on time and demonstrating the Operator’s serious commitment to obeying Drivers’ Hours regulations.
“In an inspection, this helps to demonstrate that the company is forward thinking, and also provides a reassurance for drivers, as it can be stressful to realise that they will not be able to take their break in accordance with the law,” he added.