Several times we had reported on the duty to evaluate the driver cards. Unfortunately, the practice looks very different. Hardly any company seems to implement this obligation. Fines in the four- to the five-digit range are therefore the order of the day.
The duty to control the recorded data has not existed since the introduction of the Digital Tachograph. Article 10 (2) of the Driving and Rest periods Regulation stipulates that the transport undertaking must regularly check whether or not the relevant rules are complied with. In addition to the driving and rest periods, of course, the regulations also apply to the tachograph.
This is also and additionally enshrined in the Tachograph Regulation in Article 33:
“… it carries out regular checks to ensure that its drivers use the tachograph properly, […]”
Furthermore, Article 32 is addressed to both the driver and the entrepreneur:
“The transport company and the drivers ensure the proper functioning and use of the digital tachograph and the driver card. “
The specifications are so clear. Nevertheless, we regularly find that companies do not or only poorly implement these obligations. Most companies only download and archive the data. If it comes up, then in some few companies at least still a violation list from the software is created. But this usually does not contain all possible shortcomings.
A very important topic is e.g. driving without driver card. Even if almost all companies are of the opinion that this does not happen to you, the reality is often different. However, this largely goes unnoticed, since a software in the context of the normal violation analysis can of course not issue any errors. Necessary and really urgent is, therefore, the use of a separate report (try proDRIVERS IDHA). Such a report evaluates the mass storage data and explicitly displays such trips. For this reason, it is, of course, important to also deal with the data of the mass storage. If journeys have been made without a driver card, it must be checked to which driver these are to be assigned. Maybe it was also a test drive by a repairman as part of a repair. In any case, there is a need for clarification and, as a rule, also a need for action.
Correct and proper evaluation is thus only possible if the mass storage data are also checked. Only in this way can irregularities, such as driving without a driver card or driving with a foreign driver card, be recognized. If these violations remain unrecognized in the company, the nasty surprise comes with an inspection by the authorities. In a recent case known to us, these irregularities resulted in a five-figure fine.