im agency and did a shift for a supermarket ndc last night…at the debreif i handed them my card to download and they said no…we dont download agency cards???refused point blank… 
every other place ive worked for insists cards are downloaded daily…
i thought it was a legal requirement for the company you drive for to download and save your data,much like saving tachodiscs for a period of time?
so now when i work for another firm this week and they download my card they will end up with this companys data in their system?
anyone know the legality of this?? 
xamtex:
im agency and did a shift for a supermarket ndc last night…at the debreif i handed them my card to download and they said no…we dont download agency cards???refused point blank…
every other place ive worked for insists cards are downloaded daily…
i thought it was a legal requirement for the company you drive for to download and save your data,much like saving tachodiscs for a period of time?
so now when i work for another firm this week and they download my card they will end up with this companys data in their system?
anyone know the legality of this??
As far as I am awhere this wont be a problem for you what you need to do is contact your agency and let them know what happened. As for the next employer seing what you have done has no bearing on what is on your digi card if it does download the info dont worry as it will just show what you have done and that your legal. You may find some places take the view its up to the agency to down load your card but I would take a print out on each shift just incase and I mean just incase they come back to you cover your ■■■ each and every time when going to multi places of work when on agency…
if they need the info they can download the tacho head.
Argos downloads card and makes you do printout
xamtex:
so now when i work for another firm this week and they download my card they will end up with this companys data in their system?
anyone know the legality of this??
You can’t tell from the card what has been downloaded and what hasn’t, so any other company you work for will not know any different. Every company you go to will be able to see (and download if they choose) the data from every shift you’ve done for at least the current week and the previous 28 days (as per the card spec - in practice probably the last 100+ shifts will be on there). The first company need to by law get the data off your card, but as you’ve given them the option and they’ve refused it you have done your bit. It’s their problem now, don’t worry about it. If they want it now they’ll have to pay you to take the card back in.
Paul
hitch:
if they need the info they can download the tacho head.
They can but iirc they still have a legal obligation to download your card as well. As I said in my previous post though the driver has made his card available for download and they have refused so he’s done all he needs to.
Paul
A quick warning about printouts boys and girls. Any printout needs to be kept for one year, just like anologue tacho charts. I’m not sure in the case of agency drivers whos responsibility it is to keep them though, I’d imagine it it the agencys. Self employed need to keep them thierselves,
the maoster:
A quick warning about printouts boys and girls. Any printout needs to be kept for one year, just like anologue tacho charts. I’m not sure in the case of agency drivers whos responsibility it is to keep them though, I’d imagine it it the agencys. Self employed need to keep them thierselves,
I don’t know where to start with that one!
There is no requirement to keep all printouts for a year. The only printouts you have to keep are ones that you have been legally required to keep, i.e. any you have had to make a manual entry on the back of for whatever reason (e.g. running over time due to an unforeseen delay etc.). Any others you print for example to check on your work so far during the day or at the end of a shift for your own personal use can just go in the bin when you’re done with them.
As for who keeps the legally required printouts the same rules go as for analogue cards. The driver must keep them for the current week plus the previous 28 days and then hand them to the vehicle operator within 42 days (via an agency if appropriate). The operator must then keep them for a year.
Paul
i reckon if you dont need to endorse printout then there would be no need to keep them
if something needed explaining then the company should keep them for a specified time
given to them within the time period
Take a print out save it like a normal tacho. Hand it in to your agency after 4 weeks . Your agency should also have the facility to download your card. At Asda Magna Park you down load your own at the end of every shift with a machine thats on the wall in the drivers room
repton:
The driver must keep them for the current week plus the previous 28 days and then hand them to the vehicle operator within 42 days (via an agency if appropriate). The operator must then keep them for a year.Paul
are you sure about that one paul i always thought it was 28 days including the previouse week.
it is also a legal requirement to take a printout when changing units…
164480:
are you sure about that one paul i always thought it was 28 days including the previouse week.
Positive, here’s the quote from the regulations:
http://www.dft.gov.uk/pgr/freight/road/workingtime/drivershoursgoods.pdf:
Drivers must be able to produce at the roadside charts and any legally required manual records for the current ‘fixed’ week and the previous 28 calendar days.
Paul
red eye:
it is also a legal requirement to take a printout when changing units…
No it isn’t. There is no need to take a printout by law unless you need to make a manual entry on the reverse. Changing vehicles does not require a manual entry.
Paul
repton:
164480:
are you sure about that one paul i always thought it was 28 days including the previouse week.Positive, here’s the quote from the regulations:
http://www.dft.gov.uk/pgr/freight/road/workingtime/drivershoursgoods.pdf:
Drivers must be able to produce at the roadside charts and any legally required manual records for the current ‘fixed’ week and the previous 28 calendar days.Paul
That’s wrong, which is rather worrying, given that it’s from the DfT.
Here’s a quote from VOSA’s booklet on drivers’ hours and tacho regs:
Drivers must…be able to produce at the roadside…charts and any legally required manual records for…the current day and the previous 28 calendar days
.
I think the confusion comes from the fact that, if you drive under tacho regs in a calendar week, you need to create full tacho records for all of your work for that week (whether you’ve been driving or not). So, if you only drive on Monday, then you need to create tacho records (probably showing just "other work) for Tuesday, Wednesday, etc…
repton:
red eye:
it is also a legal requirement to take a printout when changing units…No it isn’t. There is no need to take a printout by law unless you need to make a manual entry on the reverse. Changing vehicles does not require a manual entry.
Paul
I thought you were required to have a print out and your digital card if you where going to drive a vehicle with an analouge tachograph. If so, as an agency driver might not know what type of tacho his next vehicle will have, a print out might be a good idea.
MrFlibble:
That’s wrong, which is rather worrying, given that it’s from the DfT.Here’s a quote from VOSA’s booklet on drivers’ hours and tacho regs:
Drivers must…be able to produce at the roadside…charts and any legally required manual records for…the current day and the previous 28 calendar days
.
VOSA disagree with themselves then too, as the VOSA guide found at this link has the same quote I quoted above. Nothing like a good bit of consistency!
Looking at the exact wording of EC 561/2006 though, you’re right. Confusingly the wording as of 01/01/2008 changed from “current week and the previous 15 days” to “current day and the previous 28 days”, so all the stuff I’ve quoted is wrong due to them being lazy and just changing the 15 to 28 without reading the regs properly.
See page 12 of this pdf for clarification.
Paul
muckles:
I thought you were required to have a print out and your digital card if you where going to drive a vehicle with an analouge tachograph.
I think that’s another one of those MMTM myths, certainly I’ve not read it anywhere official.
Paul
repton:
muckles:
I thought you were required to have a print out and your digital card if you where going to drive a vehicle with an analouge tachograph.I think that’s another one of those MMTM myths, certainly I’ve not read it anywhere official.
Paul
I’m sure it’s not one of my mate told me Myth as I’ve not got any mates. 
I think I read it in the tachodisc book I got when I got a truck with a digi-card. I must admit it always seemed a mad thing to have to do as all the info is on your card which your are required to carry, but I didn’t question it as it’s the mad type of thing that they sometimes require. 
You work for the agency not the company they send you to. Your tachos therefore should be handed back to the agency. Sometimes the company they send you to might photocopy your tacho but they should not keep it.
When you use your digicard it will save AT LEAST the last 28 days of information. When you hand your digicard to the company you have been sent to, the information is not downloaded, it is copied. The information stays on your card, this then should be also handed to the agency as they are your employer.
AG:
You work for the agency not the company they send you to. Your tachos therefore should be handed back to the agency. Sometimes the company they send you to might photocopy your tacho but they should not keep it.
When you use your digicard it will save AT LEAST the last 28 days of information. When you hand your digicard to the company you have been sent to, the information is not downloaded, it is copied. The information stays on your card, this then should be also handed to the agency as they are your employer.
the company that you drove for needs the tacho’s within 42 day, it makes no difference if you send them direct or to the agency who will then foward them to the client. if they don’t receive the tacho’s they can withhold payment to the agency.
when mr vosa comes a knocking to check where a truck was parked over night, then the operator is going to get his knuckles wrapped if he says that was an agency driver that week, you’ll have to head off to the agency squire, as the chart is there.
stevie