Downloading

The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008.

Regulation in full

New regulations came into force on the 5th of February 2008 regarding:

The handing in of analogue paper charts.
Downloading of digital tachograph vehicle units.
Downloading drivers cards.

Downloading - Definition

Annex 1B to Regulation (ECC) 3821/85 gives the following definition of “Downloading”:

“Copy of a part or of a complete set of data stored in the data memory of the vehicle or in the memory of the driver card. Downloading may not alter or delete any stored data. Downloaded data are protected in such a way as to make attempts to data manipulation detectable; origin of downloaded data must be authenticable. Downloaded data are kept in a format that can be used by any authorised person”.

Analogue charts:

Drivers must before the end of the delivery period deliver the document to the transport undertaking to whose orders he was subject in driving the vehicle.

(3) The delivery period is the period of 42 days starting on the day after the latest date to which the document relates.

(4) A person who without reasonable excuse fails to comply with subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5) If a transport undertaking fails without reasonable excuse to secure that each driver subject to its orders complies with subsection (2), in respect of documents relating to him in his capacity as such a driver, it is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) If a person is subject to the orders of two or more transport undertakings in driving a vehicle during a period to which a document relates-

(a) subsection (2) has effect as if it were a requirement to deliver that document to the undertaking to whose orders he was first subject in driving the vehicle during that period;

(b) subsection (5), in relation to that document, applies only to the undertaking to whose orders he was first subject in driving the vehicle during that period.

Simplified this means charts must be handed in to your employer with 42 days, starting from the day after the last date on the chart. This is only relevant to night workers where they start and finish on different dates. Most charts will have the same start and finish date.

Driver cards

97E.—(1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a driver card issued to a driver.

(2) The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.

(3) The download period begins and ends as set out in the following table—

Case

Download period begins

Download period ends

1. The undertaking has not previously downloaded data from the card under this section

On the first day after the commencement of this section on which—

(a) the driver drives for the undertaking, and

(b) the undertaking is required by article 10 to ensure that data is downloaded from the card

On the earlier of—

(a) the expiry of the period of 28 days starting on the first day of the download period;

(b) any downloading of the data before the expiry of that period

2. The undertaking has previously downloaded data from the card under this section

On the first day on which the driver drives for the undertaking after the last downloading under this section

(4) The undertaking must ensure that the data is downloaded from the card—

(a) immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver;

(b) without delay upon becoming aware that the card has been damaged or is malfunctioning;

(c) without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable;

(d) if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle.

(5) But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.

Simplified this means that all driver cards must be downloaded within 28 days of the 6th of February 2008. If you have downloaded the driver card since then you must download it again within 28 days of that download. - WE RECOMMEND NO LONGER THAN 2-3 WEEKS.

Employers must also download cards in circumstances outlined in 4a -4d above. 4a is particularly relevant to agency drivers.

Vehicle Unit Download

97D.—(1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a vehicle unit in a vehicle.

(2) The undertaking must ensure that relevant data is downloaded from the unit not later than the end of the download period if—

(a) it controls the use of the vehicle throughout that period, and

(b) it uses the vehicle at some point during that period.

(3) The download period begins and ends as set out in the following table—

Case

Download period begins

Download period ends

1. The undertaking has not previously downloaded data from the unit under this section

On the first day after the commencement of this section on which the undertaking—

(a) controls the use of the vehicle, and

(b) is required by article 10 to ensure that data is downloaded from the unit

On the earlier of—

(a) the expiry of the period of 56 days starting on the first day of the download period;

(b) any downloading of the data before the expiry of that period

2. The undertaking uses the vehicle during the period of 56 days starting on the day after the last downloading under this section

On the day after the last downloading under this section

3. The undertaking does not use the vehicle during the period of 56 days starting on the day after the last downloading under this section

On the first day of the undertaking’s use of the vehicle after the last downloading under this section

(4) The undertaking must ensure that all relevant data is downloaded from the unit—

(a) immediately before transferring control of the use of the vehicle to another person;

(b) without delay upon permanently removing the unit from service in the vehicle;

(d) without delay in any circumstances such that the imminent erasure of the data by the unit, in the normal course of its operations, is reasonably foreseeable.

(5) But subsection (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data.

Simplified this means that all driver cards must be downloaded within 56 days of the 6th of February 2008. If you have downloaded the driver card since then you must download it again within 56 days of that download. - WE RECOMMEND NO LONGER THAN 1 MONTH.

Employers must also download vehicle units in circumstances outlined in 4a -4d above. 4a is particularly relevant to hire vehicles.

Downloading data: requirement imposed by an officer

97F.—(1) This section applies where—

(a) an officer has reason to believe that an offence under this Part of this Act or under the Traffic Acts has been committed in respect of the use of a vehicle, and

(b) article 10(5) of the Community Drivers’ Hours Regulation applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle.

(2) The officer may, on production if so required of his authority, require the undertaking without delay—

(a) to download data from the vehicle unit or driver card;

(b) to permit him to inspect or copy the downloaded data.

(3) In this section—

(a) “download” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation;

(b) “the Traffic Acts” has the meaning given in section 192(1) of the Road Traffic Act 1988(7).

“downloading” means:
copy of a part or of a complete set of data stored in the data memory of the vehicle or in the memory of the driver card.
Downloading may not alter or delete any stored data.
Downloaded data are protected in such a way as to make attempts to data manipulation detectable;
origin of downloaded data must be authenticatable.
Downloaded data are kept in a format that can be used by any authorised person;

Responsibilities of Undertakings - storage of data

REGULATION (EC) No 561/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 March 2006

5. (a) A transport undertaking which uses vehicles that are fitted with recording equipment complying with Annex IB of Regulation (EEC) No 3821/85 and that fall within the scope of this Regulation, shall:

(i) ensure that all data are downloaded from the vehicle unit and driver card as regularly as is stipulated by the Member State and that relevant data are downloaded more frequently so as to ensure that all data concerning activities undertaken by or for that undertaking are downloaded;
(ii) ensure that all data downloaded from both the vehicle unit and driver card are kept for at least
12 months following recording and, should an inspecting officer request it, such data are
accessible, either directly or remotely, from the premises of the undertaking;

You must store driver card and vehicle unit digital data for 12 months. As a client of The Farnsworth Consultancy Ltd, the data will be stored for you in accordance with these regulations and it can be accessed remotely from your premises.

If you are not a Farnsworth Consultancy Analysis client you can purchase digital downloading equipment here

The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008.