Expert Tacógrafo reports periciales

Report Pericial Claims

We specialise us in Reports Periciales for the sector transport.
Collegiate expert by the Spanish Association of Judicial Experts

The transport engloba diverse normative and in occasions gives place to inclumplimientos justified or no.
So much the employers like the drivers have right to claims and defence

The tacógrafo digital, also known like device of control, is a device that installs in vehicles devoted to the transport by road, with the purpose to indicate, register and store, automatic or semiautomáticamente, data referents to the course of said vehicles and of determinate time of work of his drivers.

The drivers of vehicles of transport of commodities of a M.M.To. Upper to 3.500 Kg, and the ones of vehicles of travellers of more than 9 squares, have to be provistos of a device tacógrafo that registers the activities of the driver:

Of here it extracts information, being able to have inclumplimiento by any of the two parts and possible claims, by what is indispensable the help of an expert in tacógrafos.

The report pericial of the tacógrafo digital is the only valid test so much in demandantes particular as in companies.

The data or digital registers in case alone are not sufficient.

The jurisprudence already has established that the digital archives of the tacógrafo do not constitute test sufiente , have to accompany them of a report of an expert, that will make the appropriate explanation so that the tacógrafo digital help you to achieve your pretence.

The report pericial of the tacógrafo is the utility for the drivers of transport of commodities and of travellers or by the proprietary company, for those procedures of claim or labour accidents.

The expert gaze is the key.

The information of the tacógrafo digital has to be analysed correctly to be able to generate the report pericial of objective and correct form.

Preparation of reports periciales, visas by the School of Experts.
Judicial ratification of the reports Periciales.
We count no only with the technical knowledge but with the sufficient juridical skills to expose the reports periciales clearly in the act of the trial.

It needs to do a claim?

We have of a squad of Experts and Lawyers to examine your restlessness how employer or like driver , the bases are:

Labour rule, tacógrafo and sectorial agreements

They are varied the legal documents that go in at stake to the hour to understand the working time in the transport by road. The most notable are the following:

Directive 2002/15/CE relative to the ordination of the time of work of the people that make mobile activities of transport by road. It is of application in territory of the European Union.

Royal decree 1561/1995 and Royal decree 902/2007, on special days of work. They treat, in concrete, the time of work of the workers that make mobile activities of transport by road. It applies in Spanish territory.

Regulation CE 561/2006, that establishes the times of driving and rest of the tacógrafo.
In addition to these legal documents, also will be necessary to take the Statute of the Workers, and the sectorial collective agreement that apply in each concrete case.

Time of effective work and time of presence

The main difference regarding workers in general regime resides in the concepts of time of effective work and time of presence:

The time of effective work is the period since it begins the work and until it ends up. Also it refers to while the driver do not have freely of his time and do not have liberty deambulatoria (that is to say, while it was obliged to remain in the place of work).

By his part, the time of presence or time of availability is that during which the driver is not working, but neither resting. Has liberty deambulatoria, can move of the vehicle, but has to be available to go back and restart his labour activity in what it indicate him .

Like this, we see that the time of presence is specific of the special days of work according to the Royal decree 1561/1995. It does not consider time of work, but neither rest. This supposes that it comport of special form regarding the day, as we will see to continuation.




Length of the working time in the transport by road

Once seen the specific concepts that affect to the working time in the transport by road, is possible to understand how configures .

Like this, the length of the day remains established, as in the rest of fields, by the Statute of the Workers. This supposes that to the transport by road also apply him the ordinary day of 40 weekly hours. The difference is that in this sector enters the possibility to distribute the day of irregular form along the week and of the month. Like this, the maxima remain of the following form:

The weekly maximum will be of 60 hours of effective work. It is slightly upper to the maximum established by the law of the tacógrafo of 56 hours of maximum weekly driving.

The average of hours worked to the week in a term of 4 months will have to be of 48 weekly hours. Some agreements expand the term of average to the 6 months, but the legislative base are 4.

It is important to indicate that the hours of presence will take for the computation of the ordinary day, neither will consider extra hours. Only the time of effective work take to calculate the working time. Like this, east is composed by the periods of driving and the devoted to other works.

It will not be able to surpass the average of 20 hours of weekly presence, calculated on 2 months.

In days from among 6 and 9 daily hours, will have to effect a minimum pause of 30 minutes. There will be problem to the hour to fulfil this minimum if they respect the times of driving and rest.

Register of the working time in the transport by road

As it occurs for other sectors of activity, effect a register of day of the employees is another of the obligations of the companies of transport. The rule leaves liberty to the company of face to choose the method of register.

One of the most comfortable alternatives for carriers is to employ the tacógrafo for the register of the working time in transport by road. The register of the tacógrafo is valid for the Inspection of Work and, if it uses correctly, supposes a very detailed register of the daily activities of the driver without having to resort to means of additional register. We will help him, call us and advise him

Our byline has expert judicial experts and collegiate lawyers
Experience in all the disciplines of the test pericial.

Comment us his case without commitment and if has any doubt or surgery, we will resolve it to him the before possible.

Our specialisation is centred in the figure of the Expert tacógrafo digital



It transport dangerous and perishable commodities by road. Pericial Reports tacógrafo digital. Judicial assistance. Adviser of Security. Fiscal and countable consultancy . Labour consultancy. Formative actions to companies - Fundae formation bonificada. On-line and Face-to-face . Certificate of the driver of mercancias dangerous ADR. Certificate of the Professional Competition. Qualification of Professional Aptitude CAP