ROADSIDE ENFORCEMENT

GARDA & RSA ROADSIDE CHECKS — WHAT ACTUALLY HAPPENS?

Seeing a Garda directing your lorry into a roadside checkpoint can produce an immediate sinking feeling.

Especially the first time.

Don't panic.

Being selected for a roadside inspection does not automatically mean that you, your vehicle or your employer has done anything wrong.

The Road Safety Authority carries out roadside inspections in conjunction with An Garda Síochána to check compliance with areas including:

• vehicle roadworthiness;

• drivers' hours;

• tachograph requirements;

• Driver CPC; and

• Road Transport Operator Licensing requirements.

  
  

A roadside inspection is exactly that:

an inspection.

Follow the instructions you are given, be polite and cooperative, and let the officers do their job.

YOUR FIRST ROADSIDE CHECK

If you've never been through one before, there is absolutely nothing wrong with saying:

"I've never been through one of these before. Just tell me what you need me to do."

Nobody hands a new driver a magical knowledge of roadside enforcement with their C/CE licence.

Listen carefully.

Don't panic.

Don't start pressing random buttons on the tachograph because you're nervous.

Don't start producing documents nobody has asked for.

And don't feel that you have to demonstrate how much you know.

Answer what you're asked, produce what you're asked for and follow instructions.

If you don't understand an instruction, ask.

WHO MIGHT STOP YOU?

Commercial vehicle roadside enforcement in Ireland involves An Garda Síochána and the Road Safety Authority (RSA).

RSA Transport Officers and Commercial Vehicle Roadworthiness (CVR) inspectors carry out enforcement functions, with roadside inspections conducted in conjunction with An Garda Síochána.

Different aspects of the inspection may therefore be dealt with by different personnel.

You don't need to work out everybody's job.

Follow the directions you're given.

PULLING INTO THE CHECKPOINT

When directed into a checkpoint:

• indicate as appropriate;

• reduce speed safely;

• follow the directions given;

• park where instructed;

• secure the vehicle;

• apply the parking brake;

• switch off the engine if instructed;

• remain where you're asked to remain; and

• don't move the vehicle again until you're told you may do so.

  
  

There may be several commercial vehicles, enforcement personnel and moving vehicles within the inspection area.

Treat it as a workplace.

Hi-vis PPE may be appropriate or required when you leave the cab.

WHAT ARE THEY CHECKING?

The exact inspection will vary.

You might have only certain aspects checked, or the inspection may become considerably more detailed.

Broadly, roadside enforcement can look at the:

DRIVER

VEHICLE

TACHOGRAPH & DRIVERS' HOURS

LOAD

WEIGHT

OPERATOR

A stop does not necessarily mean every one of these will receive a full examination.

DOCUMENTS

Depending upon the vehicle, operation and circumstances, you may be required to produce or facilitate checks relating to documents and records such as:

• your driving licence;

• Driver CPC card;

• tachograph driver card;

• relevant tachograph records;

• vehicle documentation;

• roadworthiness information;

• operator licensing information;

• documentation relevant to the journey/load where applicable; and

• records associated with the vehicle or operation where required.

  
  

Your Driver CPC card must be carried while driving professionally.

Likewise, don't leave your tachograph driver card sitting at home because you're driving a vehicle where you think you won't need to insert it.

Keep the documents and cards you are required to carry somewhere sensible and accessible.

A roadside checkpoint is not the ideal moment to discover your CPC card is in another jacket 150 km away.

TACHOGRAPH & DRIVERS' HOURS CHECKS

This is one of the areas that can make new drivers particularly nervous.

It doesn't need to.

An enforcement officer may inspect/download your tachograph records and driver card and examine your compliance with drivers' hours and tachograph requirements.

They may be looking at matters including:

• driving time;

• daily driving limits;

• weekly driving;

• fortnightly driving;

• breaks;

• daily rest;

• weekly rest;

• reduced rests;

• other work;

• periods of availability;

• manual entries;

• card insertion and withdrawal;

• start/end country entries;

• missing records;

• driving without a card;

• printouts;

• use of ferry/train mode where relevant;

• out-of-scope activity where relevant;

• possible tachograph manipulation or misuse; and

• other anomalies appearing in the record.

  
  

THE 56-DAY RULE

This is important because older guidance and older training material may still refer to 28 days.

The current EU tachograph requirement is that a driver must be able to produce the relevant records for:

THE CURRENT DAY + THE PRECEDING 56 DAYS

where those records are required.

For a digital tachograph driver, this includes the driver card plus any required manual records and printouts relating to that period.

For analogue tachograph operation, the corresponding record sheets and other required records must be available.

This is one reason accurate manual entries and properly completed printouts matter.

The officer isn't interested only in what happened since you started the lorry that morning.

IF THERE IS A GAP IN YOUR RECORD

Don't invent an explanation.

Don't suddenly decide that you were on rest because that sounds better.

Don't blame the tachograph unless you genuinely have reason to believe there was a fault.

Explain truthfully what happened.

If you made a mistake, say so.

If a required record exists elsewhere, explain that.

If you genuinely don't understand what the officer is showing you, say:

"I'm sorry, can you explain what you're looking at?"

A genuine mistake and an attempt to conceal a mistake are two very different things.

PRINTOUTS

This is why drivers need to know how to take and annotate a tachograph printout.

Printouts can be required in circumstances such as certain card problems, equipment issues or when making records/explanations that cannot otherwise be correctly recorded.

Where a printout is being used as a required record, complete it properly.

Depending on the circumstances this may include information identifying you, your driver-card or driving-licence details, the relevant explanation/manual information and your signature.

Don't throw important tachograph printouts into the passenger footwell.

Treat them as records.

VEHICLE INSPECTION

A technical roadside inspection can begin with an initial inspection.

This can include a visual assessment of the maintenance condition of the stationary vehicle and examination of relevant roadworthiness documentation/recent inspection information.

Where appropriate, the vehicle can then undergo a more detailed technical roadside inspection.

Areas examined can include things such as:

• brakes and braking components;

• steering;

• tyres;

• wheels and wheel fixings;

• suspension;

• chassis;

• lights;

• indicators;

• reflectors and markings;

• axles;

• coupling equipment;

• bodywork;

• exhaust;

• leaks;

• tachograph/speed-limiter related equipment;

• visibility-related items; and

• other safety-critical systems and components.

  
  

The exact examination depends upon the vehicle and circumstances.

YOUR WALKAROUND CHECK MATTERS HERE

Before driving a commercial vehicle in a public place, the driver has responsibilities relating to carrying out the required visual/walkaround inspection.

This isn't a box-ticking exercise.

Imagine being shown a badly damaged tyre at a roadside inspection and being asked:

"Did you carry out your walkaround check this morning?"

That is not the point at which you want to realise that you ticked "tyres OK" without actually looking at them.

Your walkaround is there to find defects before the vehicle goes onto the road.

Check properly.

Report defects.

Record the check according to your company's system.

And if a defect develops during the working day, report that too.

A morning walkaround does not magically make a vehicle roadworthy until midnight.

IF A DEFECT IS FOUND

Finding a defect does not automatically mean that every vehicle will be immediately prohibited from moving.

The seriousness of the defect matters.

Technical roadworthiness defects can be categorised according to their severity.

Broadly, you will see terminology including:

MINOR

A defect with no significant effect on vehicle safety or the environment, or another minor non-compliance.

MAJOR

A defect that may prejudice vehicle safety, affect the environment, put other road users at risk or represent another more significant non-compliance.

DANGEROUS

A defect constituting a direct and immediate risk to road safety or having a serious environmental impact.

The outcome will depend upon what has actually been found.

PROHIBITIONS & DIRECTIONS

The word "prohibition" sounds terrifying if you've never encountered it.

In practical terms, enforcement action is about preventing an unsafe or non-compliant vehicle from continuing to operate where the circumstances require it.

A roadside inspection report can record different outcomes depending upon the findings.

These can include matters such as:

• no further action;

• rectification;

• return to base;

• requirement for an enforcement/CVR test;

• delayed prohibition;

• immediate prohibition; or

• consideration of prosecution.

  
  

The appropriate action depends upon the defect or non-compliance identified.

IMMEDIATE PROHIBITION / DETENTION

Where a vehicle is considered unroadworthy, legislation provides powers for a CVR inspector to detain, immobilise, remove and store the vehicle.

Similar powers can arise where an inspection is prevented or where a vehicle is being operated in breach of certain directions or requirements.

If your vehicle is detained:

DO NOT MOVE IT.

Do not interfere with an immobilisation device.

Do not remove a detention notice.

Do not decide that the defect "isn't that bad" and carry on home.

At this point, contact your:

operator / employer / Transport Manager

and follow the formal instructions given.

A detained vehicle has a formal release procedure and conditions may be attached to its release.

THE INSPECTION REPORT

When a CVR inspector completes a technical roadside inspection, an inspection report is drawn up.

A copy is given to the driver, either:

• by hand; or

• with the driver's consent, electronically by email.

  
  

Read it.

Keep it.

And give it to your operator/Transport Manager.

Even if the result appears completely unremarkable, the company should know that one of its vehicles has undergone a roadside inspection.

Do not put the paperwork in the door pocket and rediscover it six months later.

A ROADSIDE CHECK IS NOT A CVRT

This distinction matters.

A limited roadside inspection is not necessarily a complete examination of every component of the vehicle.

The fact that no defect was found during a roadside inspection does not prove that the vehicle is completely defect-free.

Likewise:

"The RSA checked it last week"

doesn't replace tomorrow morning's walkaround.

Vehicle roadworthiness remains an ongoing responsibility.

WEIGHING

Commercial vehicles may also be checked for compliance with legal weight limits.

This can include the:

• gross vehicle weight;

• individual axle weights;

• axle-group limits; and

• weight/distribution of a vehicle combination.

  
  

This is another important point for new drivers:

Being under the permitted gross weight does not automatically mean the vehicle is legally loaded.

An individual axle can be overloaded while the vehicle as a whole remains below its maximum gross weight.

Load position matters.

Fifth-wheel position can matter.

Fuel can matter.

Part-deliveries can matter.

A badly distributed load can matter.

On multi-compartment tankers and other specialist vehicles, load distribution can matter enormously.

If you're directed onto weighing equipment, follow the instructions carefully regarding positioning and movement.

Do not guess where they want an axle positioned.

LOAD SECURITY

The load may also attract attention during a roadside inspection.

Depending upon the load and vehicle, officers may look at matters such as:

• whether the load is stable;

• load distribution;

• straps;

• chains;

• securing points;

• blocking;

• loose equipment;

• pallets;

• machinery;

• doors;

• curtains;

• load containment; and

• whether anything is capable of moving, falling or creating danger.

  
  

Remember:

The fact that the load was put on by somebody else doesn't make an unsafe load safe.

The driver should never knowingly take an obviously unsafe load onto the road.

DEFECTS FOUND DURING THE JOURNEY

A defect can develop after your walkaround.

Bulbs fail.

Tyres get damaged.

Air leaks develop.

Things break.

What matters is what you do when you become aware of it.

If you discover a defect:

assess it → report it → record it → take the appropriate action

according to its seriousness and your company's procedures.

Never continue simply because:

"I only have another 20 minutes to go."

Twenty minutes is plenty of time for a serious defect to become a catastrophe.

DRIVERS' HOURS & TACHOGRAPH INFRINGEMENTS

If an apparent infringement is identified, stay calm.

An infringement appearing during an inspection does not mean you should immediately start arguing your case at the roadside.

The circumstances matter.

There is a difference between, for example:

• an administrative mistake;

• an incorrect or missing entry;

• exceeding a limit;

• repeated non-compliance;

• failure to produce required records; and

• deliberate falsification, misuse or manipulation.

  
  

Different breaches can carry different enforcement consequences.

Depending upon the offence and circumstances, enforcement can involve warnings or other enforcement action, fixed penalties where applicable, investigation and/or prosecution.

Do not assume that every tachograph infringement means:

"I'm going to court."

But equally, don't dismiss one because:

"It's only a minute."

Let the officer explain what has been identified.

IF YOU HAVE A LEGITIMATE EXPLANATION

Give it.

If there was an emergency, unusual event, equipment failure or another relevant circumstance, explain it truthfully and provide whatever contemporaneous record you have.

This is another reason why drivers should make proper printouts and written records at the time an event happens, where the rules require or permit them.

A contemporaneous printout saying what happened is considerably more useful than trying to reconstruct the story weeks later.

DO NOT FALSIFY ANYTHING

Never:

• create a false manual entry;

• alter a record dishonestly;

• use somebody else's card;

• allow somebody else to use yours;

• deliberately drive card-out to conceal activity;

• destroy records;

• provide false information; or

• interfere with tachograph equipment.

  
  

A genuine error can happen.

Dishonesty turns it into something else entirely.

DRIVER CPC

Professional drivers who are required to hold Driver CPC must have a valid Driver CPC qualification and carry their Driver CPC card while driving professionally.

RSA guidance states that failure to produce a Driver CPC card can result in a fine of up to €2,000, as can driving professionally without a valid Driver CPC; fake documentation carries a higher potential penalty.

Don't wait for a roadside checkpoint to discover that your card has expired.

Keep an eye on your qualification and training record.

OPERATOR LICENSING

Where goods are being carried for hire or reward and the operation requires a Road Transport Operator Licence, operator licensing compliance can also be checked.

This is primarily an operator responsibility, but drivers should understand who they are driving for and make sure any documents or discs that the vehicle is required to carry/display are present and current.

If you're asked something about company licensing that you genuinely don't know, don't guess.

Say:

"I'll contact my Transport Manager/operator for you."

"SHOULD I RING MY TRANSPORT MANAGER?"

If you're unsure:

YES.

Particularly if:

• a significant defect has been found;

• a prohibition/direction is being issued;

• the vehicle may not be allowed to continue;

• a drivers' hours issue has been identified that you don't understand;

• documents are being requested that you don't have;

• the load or weight is being questioned;

• enforcement action is being discussed; or

• you're simply out of your depth.

  
  

That is part of what your operator and Transport Manager are there for.

You are not expected to conduct a roadside legal defence from the driver's seat.

HOW TO HANDLE THE INSPECTION

This is actually very simple.

BE POLITE

The officer is doing their job.

You can be nervous without being defensive.

BE COOPERATIVE

Produce what you're lawfully asked to produce and follow reasonable instructions.

BE TRUTHFUL

If you know, answer.

If you don't know:

"I don't know."

is a perfectly legitimate answer.

DON'T GUESS

Don't invent an explanation because silence feels awkward.

ASK QUESTIONS

If you don't understand what has been found:

"Could you explain that to me please?"

DON'T ARGUE AT THE ROADSIDE

If you genuinely disagree with something, remain calm.

Listen to what is being alleged or identified.

Ask for clarification.

Retain all documentation.

Contact your operator/TM.

There are proper mechanisms for dealing with enforcement matters.

A shouting match beside the road is not one of them.

DON'T TRY TO BE CLEVER

There is a strange human tendency, when nervous, to talk.

And talk.

And talk.

Resist it.

You don't need to start explaining:

"Well normally I don't drive this lorry and I only took it because Paddy was off and then the trailer was changed and I think John had it yesterday but I'm not sure because..."

Stop.

Listen to the question.

Answer the question.

If more information is required, they will ask.

NEVER OBSTRUCT AN INSPECTION

Cooperate with lawful inspection requirements.

The roadside enforcement legislation specifically provides for vehicle detention where a CVR inspector is prevented from inspecting a vehicle, as well as where the vehicle is considered unroadworthy or is being used in breach of relevant directions.

Refusing to cooperate is not a clever way of preventing a defect being discovered.

It can create an additional problem.

IF YOU ARE TOLD NOT TO DRIVE — DON'T DRIVE

This should be obvious, but it deserves its own section.

If an authorised person has formally directed that the vehicle must not continue:

DO NOT MOVE IT UNTIL YOU ARE AUTHORISED TO DO SO.

Not:

"I'll just bring it back to the yard."

Not:

"The mechanic is only five miles away."

Not:

"I'll go slowly."

Follow the direction you've been given.

Let the operator/TM organise whatever needs to happen next.

AFTER THE CHECKPOINT

Before driving away:

• make sure you've been told that you may leave;

• collect your documents/cards;

• make sure your driver card is returned if it was removed/downloaded;

• obtain/retain any inspection paperwork;

• understand any directions you've been given;

• make sure you know whether any defect requires action; and

• contact your operator/TM where appropriate.

  
  

  Then, when safely parked or back at base:

  
  

REPORT THE INSPECTION.

Give the company:

• the inspection report;

• any defect information;

• any direction/prohibition;

• any tachograph information;

• any documentation issued; and

• an accurate account of what happened.

  
  

IF EVERYTHING IS FINE

Then everything is fine.

Don't spend the next three hours wondering:

"Why did they stop me?"

Commercial vehicles are inspected.

That's part of operating professionally on the road.

Put your documents away, check that everything has been returned to you, insert your card if necessary, select the correct mode/activity, and continue with your day.

A VERY USEFUL HABIT

Before beginning professional driving, know where the following are:

Driving licence

Driver CPC card

Tachograph driver card

Vehicle/operator documentation you are required to carry

Walkaround/defect reporting system

Accident/incident information

Transport Manager/operator contact details

Don't wait until you're standing beside an RSA inspection unit to start looking for them.

ROADSIDE CHECK — QUICK DRIVER CHECKLIST

When directed in:

1. Don't panic.

2. Follow the directions given.

3. Park and secure the vehicle as instructed.

4. Be polite and cooperative.

5. Produce the documents/cards requested.

6. Let the officer inspect/download what they need to inspect.

7. Answer questions truthfully.

8. If you don't know something, say you don't know.

9. If you don't understand, ask.

10. Don't guess or invent explanations.

11. Contact your Transport Manager/operator if necessary.

12. Don't move a vehicle that has been prohibited/detained.

13. Keep every piece of paperwork you're given.

14. Report the inspection to your company.

15. Learn from anything that is identified.

ONE LAST THING FOR NEW DRIVERS

The roadside officer is not the scariest thing at the checkpoint.

Not knowing what is wrong with your own vehicle is.

If you've carried out a proper walkaround, recorded your activities correctly, managed your hours, secured your load, kept your documents in order and raised defects when you've found them, you've already done most of what is within your control.

You cannot control whether you're selected for inspection.

You can control the standard in which you arrive.

And if something is found?

Stay calm.

Listen.

Ask questions.

Tell the truth.

Contact your Transport Manager if you need help.

Fix whatever needs fixing.

And learn from it.

A professional driver isn't somebody who never makes a mistake.

It's somebody who takes safety, compliance and responsibility seriously when something goes wrong.