Analogue tachograph records management
- Completing your chart
- Must my surname be entered before the forename on the front of the chart?
- Is it legal to draw lines on the front of the chart to depict the start and end of my working day?
- How many charts do I have to carry with me?
- What must I do if I am called back to work (with driving/duty time left) but have already marked the end of my shift on the chart?
- If I carry out other non-driving work before I start driving for the day, am I required to record this time on my tachograph chart?
- Is it illegal to open the tachograph head to check how long I have been driving, and thus when my 45 minute break is due?
- Retention of tachograph charts by driver
- As a driver I understand that I now have to produce at a road check my charts for the current week and those that I have used in the previous 15 days. How is the week and the 15 days defined and how many charts does that mean that I have to be able to produce?
- My employer has asked that I hand in my tachograph charts (record sheets) each night and take a copy for my retention. In the event of a roadside check, is it acceptable to produce the authorised inspecting officer with photocopies of the charts?
- Who is responsible for retaining the charts - the agency or the operator?
- If I work for more than one operator in the same week, who do I return my charts to?
- How can I, as the operator, secure the return of charts from Agency Drivers?
- I employ agency drivers on a regular basis. To help avoid the hassle of securing their return from drivers, is it legal for me to keep scanned images of charts or photocopies of charts as proof that the chart exists?
- Retention of tachograph charts by employer
- How long am I, as the employer, required to retain my drivers' tachograph charts?
- Is it legal for an employer to keep scanned images of charts or photocopies of charts as proof that the chart exists?
- Do I need to send my drivers' tachograph charts to a company to be analysed?
This section is designed to help answer any questions about the Tachograph, how to use it and how the legislation works. Additional information can be found in
Drivers Hours and Tachograph Rules for Road Passenger Vehicles
and
Drivers Hours and Tachograph Rules for Goods Vehicles
Completing your chart
Must my surname be entered before the forename on the front of the chart?
The EC regulation indicates that the driver's name should be entered as surname then first name. In the Department for Transport’s (DfT) view, all drivers should keep to this format to enable enforcement officers to determine which is the first name and which is the surname, in cases where it is not too obvious - such as "Lee Martin", "Oliver Thomas" for example.
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Is it legal to draw lines on the front of the chart to depict the start and end of my working day?
The EC rules state that:
"When as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time….shall be entered on the sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet".
In light of this, it is the DfT's view that it would be permissible for lines to be drawn on the front of the chart to indicate start and end of working day, provided they are clear and do not obliterate other recordings on the chart - which can happen, for example, if a driver presses too hard.
Whilst this is an acceptable practice in the UK, certain other European countries may not share this view - so it would not be advisable to draw lines on a chart during an international journey.
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How many charts do I have to carry with me?
You must carry enough “unused” charts to last the whole journey plus some spares in case any become dirty or damaged. When driving a vehicle fitted with an analogue tachograph you must be able to produce the charts used, and any manual records or print-outs made, in the current week and those used or made in the previous 15 days. You should also be able to produce your driver card if you hold one. [NOTE: the previous 15 days refers to those charts used in the 15 consecutive calendar days prior to 00.00 hours on the Monday of the current week].
Until April 2007 VOSA Examiners will follow a “light touch” policy at roadside checks in that a driver unable to produce the full requirement of charts will be given advise only. However, enforcement action, such as prosecution, may be taken when a driver or operator continues to ignore the given advice.
Also, as this requirement to carry more charts conflicts with the requirement to return charts to the employer, VOSA Examiners will exercise a degree of tolerance in respect of the time scale in which to return records It will depend on the circumstances but generally it would be expected that charts should be returned to the employer within 30 days. Where they have not been returned within that timescale, the Examiner would be looking for clear evidence that the operator has effective alternative systems in place for managing compliance with drivers’ hours and working time regulations.
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What must I do if I am called back to work (with driving/duty time left) but have already marked the end of my shift on the chart?
If you are required to do further driving but have already drawn a line to mark the end of your shift which would obscure any extended driving trace, you will need to use a new chart, but make a manual entry to explain the reason why your day's work is on two separate charts.
If you are called back to do non-driving work (ie: loading/unloading), you will need to make a manual entry on the reverse of the original chart to show "other work" periods - ie. OW 1800-1900.
To avoid the above such instances from occurring on a frequent basis, you are advised to confirm with your employer that you are not needed for any further driving or non-driving work, before drawing a line on the chart to mark the end of the working day.
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If I carry out other non-driving work before I start driving for the day, am I required to record this time on my tachograph chart?
Yes. Where non-driving work is carried out at the start of your day, and you are not in a position to be able to use the tachograph to record this work, you would be required to make a manual entry on the reverse of the chart to show the period of time spent doing this work (ie. OW - 0800 - 0900). Non-driving work (such as loading or unloading) is taken into account for the purposes of calculating spreadover (duty) time and when your daily rest is due.
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Is it illegal to open the tachograph head to check how long I have been driving, and thus when my 45 minute break is due?
The EC rules state that:
"The record sheet shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorized."
In DfT's view, this requirement should be taken to mean that the record sheet should not normally be removed from the tachograph until the driver has actually finished work for the day. Whilst every effort should be made to ensure that the above requirement is complied with, the DfT would not normally regard the opening of the head as an illegal act, as such action is normally recorded automatically on the tachograph chart.
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Retention of tachograph charts by driver
As a driver I understand that I now have to produce at a road check my charts for the current week and those that I have used in the previous 15 days. How is the week and the 15 days defined and how many charts does that mean that I have to be able to produce?
A week under the Community (EEC) Regulations is defined as the period from 00.00 hours on Monday to 24.00 hours on the following Sunday. Therefore you should produce all the charts that you have used in that period up to the time of the check. In addition you now have to produce all of the charts that you have used during the 15 consecutive calendar days prior to 00.00 hours on that Sunday.
Example: if you have driven on each day of the current week and you are stopped on Thursday 4th June you should be able to produce the record sheets used from Monday 1st June to the Thursday (at least four charts) plus any charts that you have used since and including Sunday 17th May (which could be another 13 charts or more). Although in this example 17 charts should be produced the total could be more if, for some reason, more than one chart has been used on any day.
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My employer has asked that I hand in my tachograph charts (record sheets) each night and take a copy for my retention. In the event of a roadside check, is it acceptable to produce the authorised inspecting officer with photocopies of the charts?
The regulations are quite precise on the production of record sheets therefore it would not be acceptable to produce photocopies to an authorised inspecting officer.
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Agency Drivers
Who is responsible for retaining the charts - the agency or the operator?
The operator.
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If I work for more than one operator in the same week, who do I return my charts to?
The first operator you worked for that week. Where you have two or more operators, for whom you carry out driving work, it is incumbent upon you to notify each of them of the name and address of the other.
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How can I, as the operator, secure the return of charts from Agency Drivers?
The DfT normally advises that you agree a system with the agencies concerned for the return of the tachograph charts (ie. no chart, no fee). An offence is only committed if you “fail without reasonable excuse" to secure the return of the charts. If you can demonstrate to the Traffic Examiners that you have taken all possible steps to ensure the return of the tachograph charts but have been unsuccessful in their retrieval, it is possible that the Examiners may deal with the situation sympathetically, particularly in isolated cases.
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I employ agency drivers on a regular basis. To help avoid the hassle of securing their return from drivers, is it legal for me to keep scanned images of charts or photocopies of charts as proof that the chart exists?
See Retention of tachograph charts by employer
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Retention of tachograph charts by employer
How long am I, as the employer, required to retain my drivers' tachograph charts?
Unless they are used also to record working time, the employer must keep them in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The same applies to print-outs made by a driver when the driver’s card has been damaged or malfunctioned when a digital tachograph has been used.
When the charts are used to record Road Transport Working Time they have to be kept for two years . The charts, printouts and any downloaded data must be produced or handed over at the request of any authorized inspecting officer.
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Is it legal for an employer to keep scanned images of charts or photocopies of charts as proof that the chart exists?
The view of the Department for Transport is that it would not be acceptable to just keep scanned images or photocopies of tachograph charts The Regulations require drivers to return record sheets to their employer, who should secure that return
The purpose of these regulations is to enable the employer/operator to fulfill the requirement to make periodic checks to ensure compliance with the provisions with the EEC drivers’ hours and tachograph regulations.
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Do I need to send my drivers' tachograph charts to a company to be analysed?
There is no specific requirement for you to send your charts away to a bureau to be analysed. But the Regulation does require that you make regular checks to ensure your drivers are complying with the EC drivers' hours and tachograph rules and that steps are being taken to prevent any repetition of these breaches.
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Page last updated: 10/06/2008