Tachographs and records of driver’s hours.

The modern tachograph is the result of many years development that started in the 1920’s in Poland by a haulier to counter false claims or journeys made. Records of a driver’s daily work ensured that employer’s knew that their driver’s were not wasting time and enabled the driver’s to ensure that they were paid for the work they actually did. In the 1970’s the British government was forced to adopt the EEC rules governing not only the hours driver’s worked but also the method of recording those hours, the tachograph. After a considerable out cry from the industry the EEC steam roller prevailed and as with so many other things we conceded. Ultimately it has proved to be a god send for all concerned with the exception of the driver/firm that wishes to flout the law.

Tachograph records of work

What is a tachograph?

The tachograph is the device fitted to a vehicle that records a driver’s hours. It is usually mounted on the dashboard and takes the appearance of a speedometer. Usually black in colour and having the speed recording scale around the outer edge it has a clock on the face and a small red light. Otherwise it is not obvious that it is anything other than a conventional speedo. At the top is a small lock which once opened reveals the inner workings. Basically there are 3 metal pins that scratch the surface of a disc which is inserted by a driver. The system is sealed and calibrated having certificates of accuracy. There is a legal requirement for the calibration to be checked periodically and failure to meet these requirements amounts to an offence. Providing the calibration requirements are met the system is accurate to a degree that means the record made is irrefutable and is accepted in the Courts of the land as conclusive proof.

You are very unlikely to come across the actual tachograph recording instrument but it is important that you are aware of its appearance and its function. What will be important to you is that you are able to confirm that the calibration is up to date. All tachographs have a calibration certificate before they are put into use and require recalibration every 6 years, they are required to be inspected by a Department of Transport authorised examiner every 2 years. The 2 year certificates are stuck on labels that the examiner places inside the head when he has checked the calibration, these cannot be removed without destroying them. If you have any suspicion that things are not as they should be and the driver’s records are in some way false the only action you can take is to arrange, either by Court order or by agreement with the other side that an inspection is made of the tachograph of the vehicle concerned.

Note, tachographs are fitted to a vehicle and are calibrated to that vehicle, it is possible to transfer them to another vehicle but the calibration would then be void. The unit is sealed and each seal bears a code:

GB = Country, H = the traffic area in this case Western, 320 = Centre No, The code will then read GBH320.

So how is the record kept?

Records are kept on a tachograph disc, these are small circular, coated sheets that when scratched by the 3 pins of the tachograph reveal and ink pad and therefore ‘write’ on the disc the information that is to be recorded.

What is recorded?

The 3 pins record the speed of the vehicle, the distance travelled and the mode of the vehicle. To deal with the last record first, the vehicles mode is one of 4 states: rest, work, other work and driving. The most common record in use now is automatic and the driver does not have to alter the mode setting by hand. The distinction is made by the tachograph by producing a thick trace when ever the vehicle is in motion. On older manual versions the trace moves when the driver sets the system to what ever activity he is engaged on and a thin black line is produced in the appropriate area of the chart. During most off duty periods the driver would have taken his disc out of the machine and there will be no trace, however many firms prefer the driver to leave the disc in the tachograph to show that he is at rest and on international journeys this is needed to record the driver’s periods of work.

Other work refers to periods that a driver is on duty but not driving or at rest. The speed of the vehicle is recorded constantly and forms a trace vertically up and down the disc over segments that are usually divided into 20 kilometre parts. The distance travelled is a simple ‘V’ trace, each ‘V’ represents a total of 10k. One complete upward or downward trace being 5k. Most tachograph discs show at either side of the outer edges of this trace segment a line denoting 1k.

How is the disc set out?

Around the outer edge of the disc and usually on the inner edge of the speed trace area of the disc is a 24 hour time clock. The speed trace is usually the outer most section of the disc followed by the mode section and then the distance trace. The centre section of the disc, called ‘the centre field’, is to be filled in by the driver. It will contain the driver’s name, the vehicle registration number, the date, the departure and destination points and the outward km recording. Having finished his journey the driver has to fill in the finish km. All these details are required by law and a driver can be prosecuted for not completing them.The centre of the disc is shaped so that it can not be put into the tachograph head in the wrong position and the clock not be aligned. There are several different methods of ensuring this but all achieve the job.

What use is all this to me?

In the event you have a vehicle that is required by law to keep a tachograph record of the driver’s hours it will often tell you at exactly what time the accident occurred, at what speed the vehicle was travelling and often more importantly was the driver operating within the hours restrictions placed upon him. Clearly if a driver had been driving all night and not taken his breaks as required he would not have exercised his duty of care to other road user’s. Driver’s of such vehicles are subject to strict rules and abuse them regularly sometimes to a very great extent, hence this method of recording what they do. The most common use of these records in civil proceedings is when the lorry driver says he was stationary at the time of the collision and the other driver says he was not. The tachograph will often resolve this argument although at very low speeds the tachograph does not show a precise speed.

How do I read a tachograph?

The easiest way to examine a tachograph disc is to enlarge it on the photocopier until it is of a size that makes it readable, beware however that this will distort the trace and small bits can actually be missing on the enlargement. Then take a ruler and place it from the outer time scale to the inner time scale so that it shows the same time on each scale. Move the ruler around the disc in this fashion reading off the traces as you go.

Is that the only way to read them?

No, a regular analyst will use a magnifying glass or a hand held chart analyser on the actual disc. Of course if you or your agent find something untoward he will probably advise you to have the thing analysed by computer, an expensive exercise but worthwhile if your opponent concedes the claim as a result.

What vehicles have to use this type of equipment?

All large goods carrying vehicles over 3.5 tonnes and all passenger carrying vehicles with 8 or more passenger carrying seats fitted are required to keep records of work. Most of these will have to keep the records by means of a tachograph but as with all criminal legislation there is an endless list of exceptions, far to many to list here. The best advice is if you have a vehicle of this type then ask someone.

Are there any problems I should be aware of when dealing with tachographs?

Yes there are bound to be, its EEC law! The most important thing you need to remember when dealing with tachographs are the time limits. Under the regulations an operator, (the firm who operates the vehicle concerned) is only required to keep a driver’s record of hours for 12 months. That is 12 months from the date the record refers to not the date you hear about it or realise there is a record. After 12 months any self respecting operator will simply tell you that the record no longer exists as he only has to keep them for 12 months. The best advice is, again, the moment a file falls on your desk that involves a vehicle of the type I have described put the other side on notice that you require the record of work. Do not be put off by claims that the vehicle is subject to schedules or that it is operating within 50k of its base. Insist that you require a record of work or proof of the claim made, and then contact someone who has a fuller knowledge of the requirements.

What are driver’s hours?

Driver’s hours are covered by several Acts and Regulations such as:

EEC Rules, AETR Rules, The Transport Act and EC Regulations. It is a very complex web of control which is complicated by exceptions etc. If you wish to study the subject the usual criminal law references cover it well but for many I expect it will be easier to ask for advice.