The DVA states that an operator must have “satisfactory arrangements for ensuring that drivers’ hours and tachograph requirements are complied with” and “a comprehensive and effective system for monitoring compliance with working time directive (WTD) must be in place.”

As with everything compliance-related, this starts with policies.  You will need a policy relating to drivers’ hours, a policy on Working Time Regulations and included somewhere must be a policy surrounding driver card and company cards, issue numbers and expiry dates, and dealing with lost and defective cards.

In addition, you will need to demonstrate to the auditor the processes you have in place to effectively monitor driving licence and driver CPC authorisation, classes, disqualification, penalty points, expiry, and licence conditions for all drivers within the business. And you could be asked to provide evidence of further training initiatives or communications tools you have in place.

As with identification and rectification of defects, an auditor will want to see evidence of how your policies are communicated to your drivers and also your planners in this case.  Evidence might include copies of information memos/bulletins, e-learning courses or ‘toolbox talks’ (as the DVA like to call them), as well as evidence of how these policies are communicated at induction.

The frequency of downloading of tachograph data is specified by the DVA as follows:

• Driver card must be downloaded once every 28 days minimum
• Tacho must be downloaded at least once every 90 days

However, at AJT Transport Consultancy, we recommend downloading the driver card at least once per week and the tachograph once a month.  This is because you need to be proactive in analysing drivers’ hours data.  Downloading and analysing once per week means you can deal with any infringements as they happen.  If you wait the prescribed maximum 28 days and then try to investigate an infringement that took place three or four weeks ago, there is less likelihood of the driver remembering the circumstances surrounding the infringement. If a driver is over time, for example, it is important to record the reason within your records.  The DVA does allow for “unforeseen circumstances” if there is a legitimate reason for the infringement.  You won’t fail an audit on this basis unless you fail to do something about it.

The auditor will want to see your tachograph analysis procedure, including how frequently analysis is carried out, and will want to see a record of any action taken if any infringements are found.  As I’ve said before, auditors do not necessarily expect to see a squeaky clean record, they will just want to be satisfied that you are aware of any infringements and that appropriate action has been taken when they occur.  For example, records of speaking to drivers about infringements, evidence of retraining carried out and even up to dismissal for recurring violations.  In the case of drivers’ hours and Working Time regulations, the process is every bit as important as the hours recorded.

At AJT Transport Consultancy we have lots of tools available to simplify the management of drivers’ hours compliance, including remote downloading, automated analysis of tachograph data and an app for drivers that helps them manage their hours and acknowledge infringements.  Moving over to automated processing and digital communication of data brings peace of mind that data is being managed.