A week of tachograph infringements on night trunking
A transport manager downloads a driver's tachograph for the week ending Sunday. The records show: Monday 9 h 05 min driving; Tuesday 10 h 10 min driving, including a 4 h 50 min stint followed by a 30-minute break and then 2 h driving; Wednesday 9 h 50 min; Thursday 10 h 20 min; Friday 9 h 30 min; Saturday 8 h 15 min. The previous week's driving was 55 h 40 min. On Thursday the driver finished at 22:30 and started again at 05:00 on Friday. The driver says the 30-minute break was 'enough because I only had two hours left' and that the early Friday start was to beat a delivery slot. The company pays an attendance bonus if the driver completes all drops. The transport manager must decide what infringements exist, what to do about them, and whether the bonus scheme is part of the problem.
1. Identify the infringements in the week and explain the rule broken in each case.
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Infringements: (1) Weekly driving. 9h05 + 10h10 + 9h50 + 10h20 + 9h30 + 8h15 = 57h10, over the 56-hour weekly limit in Art 6(2). (2) Fortnightly driving. 57h10 + 55h40 = 112h50, over the 90-hour limit in Art 6(3). (3) Break. On Tuesday the driver drove 4h50 before taking only 30 minutes; Art 7 requires at least 45 minutes after no more than 4.5 hours, or a split of 15 minutes then 30 minutes. (4) Daily rest. Thursday 22:30 to Friday 05:00 is 6h30; Art 8 requires 11 hours, reducible to 9 hours no more than three times between weekly rests, with compensation. 6h30 is not a lawful reduced rest. The two 10-hour driving days, Tuesday and Thursday, are within the twice-weekly extension, so they are not infringements on their own.
2. How should a compliant week be planned, including breaks, daily rest and weekly/fortnightly limits? Show the arithmetic.
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A compliant week must keep weekly driving at or below 56 hours and any two consecutive weeks at or below 90 hours. This week's 57h10 means next week's driving must be no more than 32h50 if the fortnightly total is to be brought back to 90 hours; that is a strong signal that the schedule, not just the driver, is wrong. Daily driving should normally be 9 hours, with 10 hours on no more than two days. After 4.5 hours driving, plan a 45-minute break, or 15 minutes then 30 minutes. Daily rest should be 11 hours, or 9 hours reduced with equivalent compensation taken before the end of the following week. Weekly rest must be taken within each fixed week. The transport manager should build the timetable around these limits and the delivery slots, rather than asking the driver to recover time.
3. What should the transport manager do about the infringements and the attendance bonus, and what are the risks of not acting?
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The transport manager should download and retain the records, open an infringement file, interview the driver, and issue a written infringement notice with retraining. If this is a repeat, formal disciplinary action is appropriate. The attendance bonus is part of the problem if it rewards completing all drops regardless of lawful breaks; it can amount to an inducement to breach the rules. The scheme should be reviewed so that it does not reward skipped breaks or reduced rest. The operator must not cause or permit infringements. Risks include prosecution and fines, driver licence action, insurance issues, and damage to good repute; the licensing authority can curtail or revoke the licence. The company should also check other drivers' downloads for the same pattern and keep evidence of the corrective action.