While drivers have a legal obligation to comply with drivers’ hours, it is advisable for employers to remind them of this obligation under their contract of employment and within any driver handbook.

This should ideally set out what infringements would potentially be viewed as gross misconduct. For example, it is highly probable that an operator would want to ensure the ability to terminate a driver’s contract where that driver is found to have deliberately falsified a tachograph record or used a device to put his or her tachograph “to sleep”.

Usually, the motivation for falsifying tachograph records or using such a device is to hide excessive driving, which is obviously a major risk to the safety of other road users. By making the position clear to drivers in advance on what is viewed as gross misconduct, operators put themselves in a stronger position in the event of serious infringements being identified.


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Dealing with infringements