Incorrectly set tachograph selector - What it is and how to fix it?

What is a digital tachograph selector and how does it work?

The tachograph selector is a switch that drivers use to record their activity during work. With this device, the tachograph accurately records four basic types of activities: driving time, other work time, availability time, and breaks and rest time. Properly adjusting the selector is therefore a key element in correctly documenting working time, and incorrect selector operation can lead to serious consequences.

The digital tachograph automatically records driving, but the driver’s other activities must be manually selected by the operator. This means that the driver must consciously switch the selector when changing the type of activity being performed. Incorrect settings can cause other work time to be recorded instead of a rest period, which will affect the analysis of working time and may result in penalties.

How to correctly set the tachograph selector?

Correctly setting the selector requires the driver to be aware of what activity they are currently performing. Above all, remember a few rules:

1. While driving, the selector automatically sets to the “driving” position. However, when the driver performs other work-related activities, such as loading, unloading, supervising loading, or even changing a light bulb, they should switch the selector to “other work.”
2. When waiting to start work (e.g., while in line at a loading dock), use the “availability” position (envelope). During breaks, daily or weekly rest, the selector should be set to “rest” (bed).

It’s worth noting that many drivers incorrectly operate the selector by keeping it in the “rest” position throughout their work. This can result in penalties for both the driver and the transport company.

Common driver errors when using the selector

Professional drivers, despite acting in good faith, often make mistakes when operating the tachograph selector. This mainly results from the complexity of regulations and their ambiguous interpretation. Incorrect selector operation can have serious consequences for both the driver and the transport company.

Failure to change to rest mode

The most common error in digital tachograph operation is not switching the selector to the “rest” position during mandatory breaks. When a driver stops the vehicle, the tachograph automatically switches to “other work” mode, and it’s the driver’s task to manually change to “rest.”

Neglecting this duty can be costly. For example, if during a required 45-minute break the selector remains in the “other work” position, analysis will show driving without a break for up to 9 hours, resulting in a fine of 1350 PLN.

However, digital tachograph operation allows cancellation of the automatic change to “work,” provided the driver switches the selector to “rest” or “availability” within 120 seconds of stopping the vehicle.

Misinterpretation of ‘Other Work’ mode

Many drivers incorrectly interpret when to use “other work” mode. According to regulations, this mode should only be used when performing professional activities other than driving - e.g., during loading, unloading, filling out documents, or refueling.

However, you often hear: “I’m at work, so everything should count as working time.” This is an incorrect approach because the law distinguishes between a driver’s various activities and their availability status. When a driver is merely waiting, being on standby, the appropriate status is “availability time” (envelope), not “other work.”

Incorrectly marking “other work” mode can result in a fine of up to 2000 PLN, and even criminal liability for falsifying documents.

Improper use of OUT mode

The OUT mode (outside scope) is often incorrectly used by drivers. Proper digital tachograph operation assumes that this function should only be used in situations exempt from working time regulations, such as municipal waste transport (but not company waste), service trips, or driving vehicles not adapted for transporting goods.

The most common mistake is treating OUT mode as a way to avoid exceeding working time standards. It’s worth remembering that return journeys without cargo cannot be made in OUT mode. The fine for unauthorized use of OUT mode can be up to 2000 PLN.

Another misunderstanding is trying to use OUT mode during short drives during rest periods. Meanwhile, this function is not intended for professional drivers, but for other employees, e.g., warehouse staff moving vehicles on company premises.

How to document incorrectly set tachograph selector?

Properly documenting an incorrectly set tachograph selector can significantly reduce the amount of potential penalties. A driver who notices a mistake in setting the selector should immediately proceed to formally describe this fact to avoid more serious financial consequences.

Corrections for incorrectly set selector: Description on the chart – What to write?

In the case of an analog tachograph, the driver should describe the situation on the back of the chart.

The proper practice is to precisely indicate the hours during which the selector was incorrectly set and what activity was actually being performed.

An example entry might look like this: “Incorrectly set selector. Between 14:00 and 16:30, rest was being taken.” The date and handwritten signature should be placed under the description. Such an entry can protect the driver from a fine of up to 1000 PLN.

Corrections for incorrectly set selector: Printout from digital tachograph – How to prepare it?

If a driver uses a digital tachograph, they should make a printout from the device, selecting the day on which the incorrect selector setting occurred. On the back of the printout, include a similar description as in the case of a chart, indicating the exact hours, actual type of activity, or daily driving time.

The printout must contain the driver’s identification data: name, driver card number or driver’s license number, and signature.

Corrections for incorrectly set selector: When are two printouts needed?

In situations where the period of incorrect selector setting falls during night hours and exceeds midnight, it is necessary to make two printouts. The first should cover the day on which the incorrect setting began, the second – the next day.

This is important because the digital tachograph allows printing data from only one day (from 00:00 to 24:00). An appropriate description should be placed on each printout.

Corrections for incorrectly set selector: Manual entry during team work

In the case of two-person team driving, incorrect selector operation by one of the drivers also affects the recording of the other’s working time. Therefore, each driver should make a separate printout or description on the chart.

Optimally, a driver who notices a colleague’s error should also document it in their own documentation. This approach is particularly important because during working time inspections, inspectors analyze the documentation of all crew members.

Consequences and penalties for incorrect tachograph selector settings

Errors in setting the tachograph selector can lead to serious financial consequences for both the driver and the transport company. Penalties are imposed not only for incorrect switching itself but also for violations that arise as a result of incorrect recording of drivers’ working time.

Fines for driver and carrier

The basic penalty for incorrect selector operation is 100 PLN for each day on which the violation occurred, up to a maximum amount of 1000 PLN. However, the consequences can be much more serious.

If a driver doesn’t switch the selector to rest during a 45-minute break, the system will record “other work” instead of rest time. As a result, analysis will show driving without the required break for up to 9 hours, resulting in a fine of 1350 PLN.

The carrier can be fined 1750 PLN for the same violation, and the transport manager 2000 PLN. In extreme cases, especially when data manipulation is suspected, penalties can reach up to 54,000 PLN.

Impact on driver working time analysis

Incorrect selector settings lead to discrepancies in working time records. As a result, the company incurs additional costs related to paying for work that the driver didn’t actually perform. One mistake in accounting can inflate compensation by up to 150 PLN.

Above all, remember that incorrect selector settings can affect exceeding the allowed driving time, resulting in additional penalties. For example, if the daily driving time is exceeded by more than 2 hours, it can result in a fine of 500 PLN.

How to avoid maximum penalties for incorrectly set selector?

There are ways to minimize penalties for incorrect selector settings. The most important thing is to immediately document the error. The driver should make a printout from the tachograph and describe the situation on it.

During an inspection, simply showing a printout with a description may not be enough. The inspector will verify the circumstances of the irregularity. However, if they don’t find evidence contradicting the description, they may refrain from imposing a high penalty.

Additionally, it’s worth investing in telematic systems that collect data from the driver card and digital tachograph card, minimizing the risk of human error in accounting. In companies employing dozens of drivers, such a solution can generate tens of thousands of PLN in savings annually.

Incorrectly set digital tachograph selector - Summary

Correctly setting the tachograph selector is a fundamental element of every professional driver’s work. Above all, remember that even a minor negligence can result in severe financial penalties for both the driver and the transport company.

The consequences of incorrect selector settings are extremely serious. A driver can be charged with a fine of up to 1000 PLN, and in case of lack of required rest - even 1350 PLN. Meanwhile, the carrier risks a penalty of 1750 PLN, and the transport manager up to 2000 PLN for each violation.

The most common driver errors concern not switching the selector to the “rest” position during mandatory breaks and misinterpreting “other work” mode. Additionally, many drivers incorrectly use the OUT function, which should only be used in strictly defined cases.

If a mistake in setting the selector is noticed, the driver should immediately document this fact on the chart or tachograph printout. Such documentation can significantly reduce the amount of potential penalties during an inspection.

It’s worth emphasizing that regular tachograph calibration, carried out every two years, helps avoid problems related to working time recording. However, even the best device cannot replace the vigilance and awareness of the driver.

Ultimately, knowledge of regulations and proper digital tachograph operation not only protects against financial penalties but also ensures safety on the road. Compliance with driver working time rules is therefore not only a formal issue but also a responsibility for the health and life of all road users.

If, however, anything related drivers' payroll calculation is challenging, it’s worth seeking support from specialists, e.g., the Evotax team! If you need help with anything, contact us, and our team will take care of the rest!

Incorrectly set digital tachograph selector - Frequently asked questions

Below we’ve collected questions that are often asked about incorrectly set digital tachograph selectors, and we’ve provided answers to them. However, if your question is missing, contact us and ask our specialists!

What are the consequences of incorrect tachograph selector settings?

Incorrect selector settings can result in fines of up to 1000 PLN for the driver, 1750 PLN for the carrier, and 2000 PLN for the transport manager. In extreme cases, penalties can reach up to 54,000 PLN.

What should be done in case of incorrect tachograph selector settings?

In case of incorrect selector settings, you should immediately document this fact. For an analog tachograph, describe the situation on the back of the chart, and for a digital one, make a printout and describe the error on its back.

What are the most common driver errors when operating the tachograph selector?

The most common errors are not changing to rest mode during breaks, misinterpreting “other work” mode, and improper use of OUT mode.

How to correctly set the tachograph selector?

The selector should be set according to the activity currently being performed: “driving” while driving the vehicle, “other work” during activities like loading, “availability” while waiting for work, and “rest” during breaks and rest periods.

How often should a tachograph be calibrated?

The tachograph should be calibrated every two years. Regular calibration helps avoid problems related to working time recording and costs from 300 to 650 PLN.