card download

what happens if my card hasn’t been downloaded for 28 days?

basically I work for a small outfit 2 blokes in office.
last week I was off
week before got back late unit was locked up
week before they had problems with there system
week before was back late again

got back today spent almost an hour trying download my card . the system they use aint accepting there id and password.
almost an hour they were both trying . had there book out with all the info in still wouldn’t let them log in.

so I gave up went home.
if they haven’t sorted it my Monday what happens?

If it’s not sorted by Monday it’s not your problem, your only legal obligation is to make your card available for download, which you have.

Sent from my mobile.

tachograph:
If it’s not sorted by Monday it’s not your problem, your only legal obligation is to make your card available for download, which you have.

Sent from my mobile.

Can you link to some kind of legisation on this?

tommymanc:

tachograph:
If it’s not sorted by Monday it’s not your problem, your only legal obligation is to make your card available for download, which you have.

Sent from my mobile.

Can you link to some kind of legisation on this?

He doesn’t need to link, he knows about that stuff, that’s why his username is Tachograph, also its absolutely right , you have made your card available so its the firms problem for not downloading it.

gezt:

tommymanc:

tachograph:
If it’s not sorted by Monday it’s not your problem, your only legal obligation is to make your card available for download, which you have.

Sent from my mobile.

Can you link to some kind of legisation on this?

He doesn’t need to link, he knows about that stuff, that’s why his username is Tachograph, also its absolutely right , you have made your card available so its the firms problem for not downloading it.

Yea but boss, some guy on the internet says I only need to make it avilable.

STFU go to head office to download your card or gtfo

If you can’t link to a legal document, please don’t post

Article 97E shows that the transport undertaking has the responsibility to see that the driver card data is downloaded, you won’t find any legislation that says anything different.
legislation.gov.uk/uksi/2008/198/made

edit:
Article 10 of EC 561/2006 also makes it the responsibility of the transport operator to see that the driver card is downloaded within the specified time.
eur-lex.europa.eu/resource.html … format=PDF

tommymanc:

gezt:

tommymanc:

tachograph:
If it’s not sorted by Monday it’s not your problem, your only legal obligation is to make your card available for download, which you have.

Sent from my mobile.

Can you link to some kind of legisation on this?

He doesn’t need to link, he knows about that stuff, that’s why his username is Tachograph, also its absolutely right , you have made your card available so its the firms problem for not downloading it.

Yea but boss, some guy on the internet says I only need to make it avilable.

STFU go to head office to download your card or gtfo

If you can’t link to a legal document, please don’t post

You asked for advice, you got advice from a very knowledgeable person and myself with 48 years experience, the rudeness was not called for , we are only passing on experience and tested knowledge. best you ask your firm then and insult them when they don’t answer? give you help.and go to head office in your own time. no pay but still under tachograph rules.

tommymanc:

gezt:

tommymanc:

tachograph:
If it’s not sorted by Monday it’s not your problem, your only legal obligation is to make your card available for download, which you have.

Sent from my mobile.

Can you link to some kind of legisation on this?

He doesn’t need to link, he knows about that stuff, that’s why his username is Tachograph, also its absolutely right , you have made your card available so its the firms problem for not downloading it.

Yea but boss, some guy on the internet says I only need to make it avilable.

STFU go to head office to download your card or gtfo

If you can’t link to a legal document, please don’t post

There you go… a Legal document. You are most welcome.

legalcontracts.co.uk/contra … letter-UK/

tommymanc:

STFU go to head office to download your card or gtfo

I would have thought that it goes without saying that if your boss tells you to go to head office (in works time) to get your card downloaded that’s what you have to do.

You asked what you should do if you cannot get your card downloaded on Monday and was told it’s the companies problem not yours which is correct, obviously your boss has the right to tell you what to do to get the card downloaded but it does not place any legal responsibility on you for getting your card downloaded any-more than it negates his legal obligation to get the card downloaded.

gezt:
the rudeness was not called for , we are only passing on experience and tested knowledge

+1

tachograph:

tommymanc:

STFU go to head office to download your card or gtfo

I would have thought that it goes without saying that if your boss tells you to go to head office (in works time) to get your card downloaded that’s what you have to do.

You asked what you should do if you cannot get your card downloaded on Monday and was told it’s the companies problem not yours which is correct, obviously your boss has the right to tell you what to do to get the card downloaded but it does not place any legal responsibility on you for getting your card downloaded any-more than it negates his legal obligation to get the card downloaded.

gezt:
the rudeness was not called for , we are only passing on experience and tested knowledge

+1

You are both getting me mixed up with orginal poster

EDIT, thank you for the link tachograph, am i right in understanding the term transport undertaking, is refering to the employer/o liecence holder?

tommymanc:
You are both getting me mixed up with orginal poster

Sorry OP :blush:

tommymanc:
EDIT, thank you for the link tachograph, am i right in understanding the term transport undertaking, is refering to the employer/o liecence holder?

The transport undertaking is the company operating the road transport i.e. the operator licence holder, not necessarily the drivers direct employer who could be an agency…

It’s a company I work for employed been there 2 years.
Im.under impression after 28 days the data gets written over that’s on the card.
As say I’ve tried to get it downloaded not my fault they go home early or can’t log in to digi download thing.

Long as I don’t get any issues If stopped by vosa.

I’m sure Tachograph will confirm if I’m right, but surely the details of your duties will still be on the vehicle records ? So even though your card hasn’t been downloaded, all of your work/driving/rest times will actually be on the vehicle data ? A bit of a ball ache for the company should they need to print it all off, especially if you cab hop, but as already pointed out, THEIR PROBLEM !

edd1974:
It’s a company I work for employed been there 2 years.
Im.under impression after 28 days the data gets written over that’s on the card.
As say I’ve tried to get it downloaded not my fault they go home early or can’t log in to digi download thing.

Long as I don’t get any issues If stopped by vosa.

A driver card is designed to hold a minimum of 28 days of records, in reality your records will remain on the driver card for several months before being overwritten.

It’s not uncommon for driver cards to hold upward of 10 months of records.

Your company are legally required to download the driver card every 28 days but the data will still be on the card if they’re a little late doing it.

When you have time see what the oldest card printout you can do is, you’ll be surprised :slight_smile:

Sent from my mobile.

pierrot 14:
I’m sure Tachograph will confirm if I’m right, but surely the details of your duties will still be on the vehicle records ? So even though your card hasn’t been downloaded, all of your work/driving/rest times will actually be on the vehicle data ? A bit of a ball ache for the company should they need to print it all off, especially if you cab hop, but as already pointed out, THEIR PROBLEM !

It’s true that everything that’s on your driver card will also be on a VU, it could be a bit of a ballache to gather it all together but it’s all there somewhere.

Sent from my mobile.

Also to add, the VU must hold at least 56 days but will hold more.

Sent from my SM-G903F using Tapatalk

El Deano:
Also to add, the VU must hold at least 56 days but will hold more.

The VU must hold 365 days of records and must be downloaded every 90 days.

It used to be that the VU had to be downloaded every 56 days but this was changed to 90 days in 2015.