Rising Concern Over Illegal Use of “OUT” Mode in Digital Tachographs

Understanding the Risks of Tachograph Misuse

In recent weeks, serious concerns have emerged regarding the illegal use of the “OUT” mode in digital tachographs among transportation companies. This alarming trend is garnering attention because it poses significant risks related to labor conditions, road safety, and the economic impact on the industry.

The Purpose of the “OUT” Mode

The “OUT” mode was designed for exceptional and legitimate operations, such as internal maneuvers in yards, loading and unloading tasks outside public roads, or travel without a commercial purpose. However, its misuse has become increasingly common, with some companies employing this mode fraudulently. The intention behind this abuse is to hide driving hours and other work activities, thereby evading established legal limits for work and rest periods, as dictated by regulations such as Regulation (EC) 561/2006 and Royal Decree 640/2007, among other Spanish laws.

Labor Consequences of Non-compliance

The misuse of the “OUT” mode has several serious repercussions for employees:

• Deletion of Actual Work Hours: Utilizing the “OUT” mode directly contravenes Article 34.9 of the Workers’ Statute and Royal Decree-Law 8/2019, which mandate employers to maintain accurate daily work records. This violation complicates efforts to claim overtime or verify actual working hours.
• Unpaid Extra Hours: Failure to record working time leads to wage fraud, impacting drivers’ earnings and entitling them to payment for the hours they actually work.
• Social Security Fraud: Concealing hours worked allows companies to fraudulently reduce their contribution bases, ultimately harming the financing of the Social Security system and affecting employees’ future social protections, including pensions and unemployment benefits.

Impact on Road Safety

The ramifications of this issue extend beyond labor rights; they also encompass significant safety concerns:

• Increased Fatigue and Workload: Driving beyond legal hours heightens the risk of fatigue, a major contributor to severe traffic accidents.
• Decreased Reaction Time: Skipping required rest undermines attention and reflexes, making it difficult to anticipate dangers on the road.
• Legal and Financial Consequences: Accidents involving fatigued drivers can lead not only to grave injuries but also legal ramifications for employers, including hefty fines and penalties.

Economic and Competitive Challenges

Economic Fraud and Unfair Competition: Companies engaged in these practices gain an unlawful advantage by lowering labor costs and enhancing productivity without the legitimate price associated with overtime, creating an imbalance against lawful operators in the market.

• State Revenue Loss: Evasion of taxes and reduced contribution bases negatively impact public finances, damaging the social protection framework.
• Universal Deterioration of Industry Standards: If unchecked, such practices can lead other companies to follow suit, increasing pressure to lower wage and safety standards across the board.

Call for Immediate Action

There is an urgent need for governmental authorities, like the Transport Ministry and Labor Inspection, to intensify controls both on the roads and at company premises to curtail these illegal practices. Immediate actions should include:

• Rigorous Auditing: Cross-referencing tachograph records with other control documents, inspecting vehicles and companies to analyze record compliance.
• Severe Penalties: Imposing strict sanctions on firms that manipulate or instruct others to alter tachograph data.
• Restricting Use of “OUT” Mode: Limiting the “OUT” mode strictly to authorized scenarios.

Final Thoughts on the Growing Concern

The “OUT” mode is not a loophole to bypass regulations; it should be a narrowly utilized technical tool, and its fraudulent manipulation can attract administrative and penal consequences for companies and their management.

Sintesi

The ongoing trend of misusing the “OUT” mode in tachographs carries significant risks not only for workers’ rights and safety but also threatens the stability and integrity of the logistics and transportation sectors. Adherence to legal frameworks is not merely a regulatory obligation; it is a foundation for creating a fair and safe industry for everyone involved.

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