Tachograph Record Keeping Changes – A Timely Reminder
09 August 2023
Operators should by now be aware of the changes to tachograph record keeping obligations that were introduced in August 2020 and which DVSA started to enforce from early 2022. We are now consistently seeing breaches of these obligations being identified by DVSA at the roadside, resulting in offence prohibitions/fixed penalty notices for drivers as well as follow up action (DVSA investigations and Traffic Commissioner Public Inquiry) for operators and transport managers. It is perhaps therefore an appropriate time – 18 months since enforcement began – to remind members of the obligations and what they mean in practice.
Background
In August 2020, new regulations were introduced, which required all drivers driving under EU rules (regardless of how little EU-regulated driving they undertake) to be able to produce at the roadside a full record of all work (driving, other work) and rest (breaks, rests, periods of availability, holidays and sick leave) for at least the current day and the previous 28 calendar days. Drivers were previously required to carry 28 days’ worth of records; however, there was (pre-August 2020) no obligation to record rest periods between one working day and the next, weekly rest, holidays and sick leave.
That has all changed!
Now, drivers must produce an unbroken 24/7 record for at least the previous 28 calendar days. Furthermore, that record must be made in one of the following ways:
- A manual entry on the digi-card using the manual input facilities on the digital tachograph;
- A manual record on a printout;
- A manual record on the back of an analogue chart.
Logbooks, timesheets, driver apps etc. are not acceptable!
As of early 2022, DVSA are actively enforcing these obligations at the roadside with non-compliance attracting significant penalties including large fines and even potential imprisonment in certain circumstances.
Particular difficulties in complying with the new rules were identified very quickly in 2022 for those drivers who only drive occasionally (e.g. part-time drivers, transport managers who at short notice need to ‘rescue’ a driver, workshop staff who provide driving cover during peak holiday season etc.). These drivers were still required to have an unbroken 24/7 record of their activities, in one of the three forms detailed above, for the previous 28 calendar days when they commenced driving.
As a resulting of lobbying by the trade associations, the DfT reviewed the position in relation to those drivers who only drive occasionally and, in August 2022, announced that they were relaxing the requirements for fixed weeks (00:00 Monday to 23:59 Sunday) in which no EU-regulated driving is undertaken. In any such week, drivers can now produce a ‘block’ record of their activities (instead of an individual record for each day). In addition, letters of attestation are now acceptable (instead of manual tachograph records) in certain scenarios.
Following this announcement, DVSA issued guidance (Drivers’ hours and tachographs: goods vehicles – 4. Tachograph rules – Guidance – GOV.UK (www.gov.uk)), which explains when ‘block’ records and/or letters of attestation can be used and the form those records should take. Members should, however, note that the DVSA guidance only applies to journeys in the UK (the approach outlined in the guidance may not be the approach taken by the enforcement agencies in other countries).
Management Systems
In addition to penalties being issued to drivers at the roadside, DVSA and the Traffic Commissioners are now exploring operators’ systems for effectively managing compliance with the new rules. Members should therefore take the opportunity to review and update their tachograph management systems to ensure they deal appropriately with the changes. To assist members (particularly in the absence of any formal guidance on appropriate management systems), BACK Academy offer a bitesized eTraining course, which specifically looks at the effective management of drivers’ hours and tachographs: NEW – Drivers’ Hours and Tachographs – The 6 Point Plan – 27 September 2023 | Back Academy
If you require any further advice, contact Backhouse Jones’ Regulatory Team on 01254 828300 or regulatory@backhouses.co.uk or here.
