I’m hoping someone can answer this for me. I have an opinion on it but not sure if I’m right.
Agency driver, PAYE at agency- where does he have to download his card?
Is it the agency’s responsibility to keep records as he is employed by them, or is it the various companies he drives for?
Both if they want to stay whiter than white.
cupidstunt:
I’m hoping someone can answer this for me. I have an opinion on it but not sure if I’m right.Agency driver, PAYE at agency- where does he have to download his card?
Is it the agency’s responsibility to keep records as he is employed by them, or is it the various companies he drives for?
Sent from my SM-J510FN using Tapatalk
As an agency is not an operator they do not download your card. Some individual clients will but from my experience very few actually do. Data will be saved on tacho unit anyway.
Mystery Action:
As an agency is not an operator they do not download your card. Some individual clients will but from my experience very few actually do. Data will be saved on tacho unit anyway.
As someone who has only ever been agency - I find it varies.
Some places do it before and after a shift, some only after. Some only before. Some never. Some only when a certain person is in the office.
I don’t lose sleep about it either way.
If I ran a transport company no one would get into my vehicle before their card was scanned. If you get a tug and are running bent the company is harmed - even if it’s just their OCRS score. And that’s not on. Most places are so desperate for agency drivers to turn a wheel that they don’t risk checking and having to turn the driver away.
BOTH
As the agency is your “employer” and not the client that you are driving for, they will ask you to download your card.
The client will also ask to download your card, normally at the end of each day or shift, to keep their records up to date.
pierrot 14:
BOTHAs the agency is your “employer” and not the client that you are driving for, they will ask you to download your card.
The client will also ask to download your card, normally at the end of each day or shift, to keep their records up to date.
In the real world that isn’t always accurate.
Most agencies I’ve worked for don’t know what a tacho download/read is… Let alone how to do one. And using that logic each Ltd man (like me) would need to do a download as our employer is the company we work for which we own. Which is ludicrous.
Please provide relevant legislation that me as an owner and employee of a Ltd company should have to download my tacho info using a card reader.
I was of the opinion that as the agency is the driver’s employer, they were required to keep records of the drivers hours. When I was on agency they downloaded my card and some of the companies did-some didn’t. It seems now that the same agency aren’t downloading the cards, but if the companies that the driver is driving for don’t either, then who has the records?
I am now full time for a company and we have never downloaded an agency driver’s card- should we be? And is it a legal requirement or just arse covering?
It maybe not legal but sensible for all parties. I am self employed using agencies and my own contacts. I download it wherever there’s an opportunity including on my own laptop. Cover all bases in this stupid world.
sammym:
pierrot 14:
BOTHAs the agency is your “employer” and not the client that you are driving for, they will ask you to download your card.
The client will also ask to download your card, normally at the end of each day or shift, to keep their records up to date.In the real world that isn’t always accurate.
Most agencies I’ve worked for don’t know what a tacho download/read is… Let alone how to do one. And using that logic each Ltd man (like me) would need to do a download as our employer is the company we work for which we own. Which is ludicrous.
Please provide relevant legislation that me as an owner and employee of a Ltd company should have to download my tacho info using a card reader.
Sent from my SM-J510FN using Tapatalk
pierrot 14:
BOTHAs the agency is your “employer” and not the client that you are driving for, they will ask you to download your card.
The client will also ask to download your card, normally at the end of each day or shift, to keep their records up to date.
I have worked for several agencies and NONE have downloaded my card, although I have asked the question. As agencies have no operators licence or vehicles I don’t think there is any requirement for them to. Breaks, POA and work for other agencies/companies is recorded on timesheet as the monitor WTD.
Just as an afterthought, in the olden days when we used discs they were returned to the client, not the agency.
P Stoff:
It maybe not legal but sensible for all parties. I am self employed using agencies and my own contacts. I download it wherever there’s an opportunity including on my own laptop. Cover all bases in this stupid world.sammym:
pierrot 14:
BOTHAs the agency is your “employer” and not the client that you are driving for, they will ask you to download your card.
The client will also ask to download your card, normally at the end of each day or shift, to keep their records up to date.In the real world that isn’t always accurate.
Most agencies I’ve worked for don’t know what a tacho download/read is… Let alone how to do one. And using that logic each Ltd man (like me) would need to do a download as our employer is the company we work for which we own. Which is ludicrous.
Please provide relevant legislation that me as an owner and employee of a Ltd company should have to download my tacho info using a card reader.
Sent from my SM-J510FN using Tapatalk
Why not just do a printout?
I do a printout on every shift and keep it until I have been paid.
I do a lot of night shifts at smaller companies and i’m given codes to depot and leave the wagon there and go home. I like this - and they clearly trust me. But if there was ever a dispute I’d have evidence.
However I don’t want the cost/hassle of having to download my own card. I am probably lazy - and I’m always happy to learn. But I just see no benefit. As a part-time driver, I’ll never go over my hours - and I generally work 2/3 days a week do have no worries about going over my hours.
Bits of paper… The defence rests.
Sent from my SM-J510FN using Tapatalk
cupidstunt:
I’m hoping someone can answer this for me. I have an opinion on it but not sure if I’m right.Agency driver, PAYE at agency- where does he have to download his card?
Is it the agency’s responsibility to keep records as he is employed by them, or is it the various companies he drives for?
The transport operator has a legal obligation to download the data from your driver card the agency has no such legal obligation.
For the RT(WT)R the employer, in your case an agency, has a legal obligation to keep a record of your working hours ec’t but they have no legal obligation to download the data from your driver card.
Legally your employer should be told about any work you do for anyone else so they can keep track of your working hours but I’ve never known an agency to bother, at the end of the day no-one enforces the RT(WT)R at he moment anyway.