Terms of use
These terms may
change at any time and it is the responsibility of every user of the
site or any service to visit check these terms regularly.
By using the Online
Chart Analysis Service you agree to abide by the Farnsworth
Consultancy Ltd and
Siemens
VDO terms of use.
Client Updates
It is your responsibility to
visit this page, which is accessed via the link client
updates on the Home Page, to avail yourself of any changes to
the legislation, service or charges.
Acceptance Of Terms
Through Use
By using our site
and services you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). If
you do not agree to these Terms of Use please do not use this site. We
reserve the right, at our discretion, to update or revise these Terms of
Use. Please check the Terms periodically for changes. Your continued use
of this site following the posting of any changes to the Terms of Use
constitutes acceptance of those changes.
Proprietary Rights
You acknowledge
and agree that all content and materials available on this site are
protected by copyrights or other proprietary rights and laws. Except as
expressly authorised by The Farnsworth Consultancy Ltd., you agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create
derivative works from such materials or content.
Notwithstanding the
above, you may print or download one copy of the materials or content on
this site on any single computer for your personal, non-commercial use,
provided you keep intact all copyright and other proprietary notices.
Systematic retrieval of data or other content from this site to create or
compile, directly or indirectly, a collection, compilation, database or
directory without written permission from The Farnsworth Consultancy Ltd.
is prohibited.
In addition, use of the content or materials for any
purpose not expressly permitted in these Terms of Use is prohibited. As
noted above, reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on this site is strictly
prohibited without the express written permission of The Farnsworth
Consultancy Ltd.
Download problems
Because of the numbers
of different security and firewall settings, video cards and general
windows settings it is impossible to solve problems arising from these
settings which prevent the program being downloaded or displayed.
Whilst we will
make every effort to solve these problems, ultimately the client may
need to seek the advice of their inside I.T. Department or the
suppliers of the computer or software.
Telephone Help
Due to the increasing number of telephone calls requiring
help with both analogue and digital analysis it will no longer be
possible to offer free advice, which is taking up a large amount of
time, leaving very little for anything else.
Whilst it is appreciated that clients require help with
the new technology, telephone help will continue, but there will now be
a charge of £0.50 pence per minute from Monday 18th of December 2006.
This will
include all aspects of help with the software, drivers cards and vehicle
downloads, interpretation of reports and help with the legislation.
In the past we have been asked to examine the results produced by the
software, which invariably have been found to be correct and wasting much of our time.
We have one of the most comprehensive help sections on
the Internet and the vast majority of answers to clients questions can
be found there, without the need for a telephone call.
Alternatively we can arrange a training session at your
premises. Details can be found
here
Analysis
performed by The Farnsworth Consultancy Ltd
Charges
You
or your representative has permission to:
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Access
your account at any time from any location, using the login details provided.
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You may then go to the Reports section,
to prepare view and print as many driver and vehicle reports as you wish.
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You may
export the data from these reports into your own data files to be used
as you wish. This will save a great deal of time where data
is extracted from the tachograph charts, for driver payments etc.
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You
must use the driver planner located in the Schedules section on your
home page to enter details of holidays and sick leave etc. This
is important when calculating the average weekly 'working time'.
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You
must set the parameters for your RTD reports. Details of how to
do this can be found in client
updates
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You
do not have permission to:
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Access
chart data.
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Edit
any chart data.
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Any change of password must be notified
to The Farnsworth Consultancy Ltd
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Analyse
any charts.
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Add
or remove drivers or vehicles without the written permission of The
Farnsworth Consultancy Ltd.
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Access
any other facility of the program other than Reports, Schedules and
Options settings for the RTD reports.
If
you wish to have drivers or vehicles added or removed, please speak to The
Farnsworth Consultancy first, or send email
here
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*We
are able to detect these operations and performing any of the above tasks
will render all chart data contained in your account invalid.*
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Contravention
of these terms of use.
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Contravention
of any of the above restrictions will render the service void and The Farnsworth
Consultancy Ltd reserves the right to withdraw its services.
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The
data remains the sole property of The Farnsworth Consultancy Ltd who
reserve the right to withdraw access if these terms are breached, or
payment is not made in accordance with our terms of trading.
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If
you cease to use any of the Online Chart Analysis Services all access to your data, by you or your representative,
will be denied. In these circumstances it is your responsibility
to download hard copies of any reports which you may be required to
keep by law.
-Working
Time Directive
-
The
RTD came into force on the 4th of April 2005 and it is the
responsibility of each company to ensure that their drivers understand and
comply with these regulations. Details can be found on our home page
or by contacting us by telephone.
There are certain steps you may take now, such
as having all of your charts analysed and the correct use of the mode
switch.
Driver
planner - Working Time Directive (Keeping of records)
The following is an extract regarding the
keeping of records under the working time directive for mobile workers in
the road transport sector (2002/15/EC)
Information and record keeping
7.1 Employers must keep records for
2 years after the period covered. These records must include the weekly
working time and time spent working at night (if applicable) for mobile
workers who are subject to the directive. Details of any workforce or
collective agreements also need to be kept.
Records of
your analysis will be kept for 30 months.
You are required to use the driver
planner together with the steps highlighted below which will enable you to
comply with the first part of this regulation.
Using
the tachograph as the method of recording working time.
The
use of Crossed
Hammers
From
the 1st of May 2006, with the introduction of Regulation
(EC) No 561/2006 of the European
Parliament and of the Council of 15 March, crossed hammers must
now be used to record periods of work. The box can only be used to
record periods of availability. Details
All
working time must be recorded
Definitions
For the purposes of this
Directive, Under
Article 3 working time is defined as:
(a) ‘working time’ shall
mean:
In
the case of mobile workers: the time from the beginning to
the end of work, during which the mobile worker is at his workstation, at
the disposal of the employer and exercising his functions or activities,
See also information
sheet 23 for a full breakdown of '
work' ,and ' availability '.
Therefore,
in order for us to perform accurate analysis, where
a driver commences, or finishes work before or after recordings on his
tachograph chart he should record his start and finish times by drawing a
line on the front of the chart indicating his start time EDR - (End of daily rest) and
finish time SDR - (Start of daily rest). He is not
required to write the start and finish times on the chart.
EWR and SWR should be used
where the weekly rest is ended or started.
VOSA
guidance.
In
their booklet Drivers Hours and Tachograph Rules for Goods Vehicles in
the UK and Europe, under the heading How are daily rest periods
recorded. The following advice is given.
'
When a chart cannot be left in the vehicles tachograph to record a daily
rest period, drivers should make manual entries, for example DR 18.30, end
DR 06.30.'
-
-
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Article
15 Council regulation (EEC) No 3821/85 states:
Contrary
to common belief, by drawing lines on the front of a chart you are not
committing this, or any other offence, as long as you do not draw over any
of the traces. These lines should be drawn before or after the recordings on the chart, to cover such things as
checking the vehicle and completing paperwork at the end of a shift etc.
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The
time between these lines and the duties recorded by the tachograph will be read as
'crossed hammers'. If these lines are not drawn in the total duty
shown on the analysis will not represent the total of the time from the
beginning to the end of work in relation to the 48 hour
weekly 'working time'.
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If this simple procedure is followed
drivers and supervisors will
not only save time, they will not have to refer to clocking on cards, or
any other records to see whether or not they are exceeding their
weekly working time.
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Incorrect
use of mode switch
Analogue charts
True
analysis will be based on the correct use of the mode switch by the
driver. In order to ensure as accurate as possible the recording of
his duties, the driver should set his mode to 'crossed hammers' before
setting off. This will automatically record ' driving ' when the
vehicle is moving and ' working time ' when the vehicle stops. He will
only need to alter his mode to record ' rest ', or ' periods of
availability '. If you need to discuss this please contact us.
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Incorrect
use of the mode will produce incorrect times for the 48 hour weekly
working time and therefore the accuracy of the analysis. We will not
be held responsible for drivers who exceed their weekly working time, who
have not followed the above procedures.
Digital tachographs
True analysis will be based on the correct use of the mode switch by the
driver. If drivers do not use the mode correctly reports prepared
using the data will be inaccurate.
We will, as part of the service examine this
data and where possible change the data and correct infringements.
Where
written records are the preferred method of recording working time.
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If
you are using written records as the method of recording working time, we
do not analyse paper records. Therefore if the tachograph recordings
differ from your written records we will not be held responsible for any
inaccuracy regarding the 48 hour average weekly working time.
Any
WTD reports prepared with will be based on the duties and times fed in
from the tachograph.
Fleet
updates
It
is the responsibility of every client to keep us informed of changes to
their fleets and vehicle weights. We will not be held responsible
for incorrect analysis relating to vehicles where we have not been
informed of their weights.
You
can complete and post this form
to have your details amended.
