08-09-2010


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Q. How many points can I receive from VOSA under the new Graduated Fixed Penalty system? Could I find myself disqualified becasue the give me 12 or more points at the same time?
A. There are two quite seperate issues here. Firstly, a VOSA officer can only issue up to a maximum of threefixed penalty notices as a result of a single inspection. It would however be technically possible for a driver to pick up a total of six such notices if, for example, a Traffic Examiner, issued the maximum three notices for drivers hours offences and a Vehicle Examiner issued a further three notices for construction and use offences (tyres lights etc) at the same time. Each examiner may however, only issue one "endorseable" offence at any one inspection. If there are more than three offences then VOSA have advised their examiners to send the matter for prosecution.
As now, police officers and VOSA officers can only issue fixed penalties for endorseable offences if the issue of those penalties does not take the driver to a total of 12 points or more - all such cases will automatically be sent to court to provide the driver with the opportunity of pleading to keep his/her licence.
Q. A driver is required to carry 28 tachograph charts plus the one for the current day. Does this mean 28 actual charts or the last 28 calendar days?

A. A driver is required to carry his/her digital card if s/he has one even if they are driving a vehicle fitted with an analogue instrument. As well as this, the driver is required to carry the chart for the current day (which should be in the instrument) and charts “used by the driver in the previous 28 days”. The words in italics are those used in Article 15, paragraph 7, EC Regulation 3821/85 as amended by EC Regulation 561/2006. If you think about this logically this must be the case or a casual driver perhaps only driving once or twice a month would need to carry charts going back for 14 months or more! If a driver were to keep charts for this long, s/he would be breaking in the law as Section 97C of the Transport Act 1968 states that records must be returned to the employer at the latest by 42 days after their use.
Q. I hold a Restricted Operators licence as I only carry wood products made at my own factory. Occasionally my vehicle is used to carry raw materials from my suppliers to my factory. I have been asked if I can supply these products to an existing customers’ site in France. As this is a Restricted licence, I do not have a Transport Manager. Can I do this work on a Restricted licence?

A. Yes. A Restricted licence permits the holder to carry his/her own goods both nationally within the UK or abroad. The type of work you describe would certainly be within scope of a Restricted licence.

Q. How often is a driver required to download his digital driver card?

A. A driver must download his/her digital driver card at least every 28 days. Driver cards will, in fact, retain much more than 28 days of information but the driver would commit an offence if the card is not downloaded at least every 28 days.
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