I can’t see the logic in downloading in the first place, when all that has been done is out of scope driving. There may be some by-law that insists card holders working for a registered operator must do this, but I have not seen it and nobody has pointed me to it to date.
Downloading seems akin to handing in blank tachograph charts.
Card readers are around £4+ second hand on eBay, and I’m assuming that there’s a computer in the office where you are based. So get someone to download tachomaster and login to the company account then download it there. Or get the login information from someone at the other depot and download the card at home with your £4+ card reader
Quinny:
Conor:
The only legal obligation you have as a driver is to present your card for downloading. It is up to the company to ensure they have the facilities. So if you walk into your transport office and say “here’s my card for downloading” you’ve done your part.While I don’t often agree with Conor, lol, as I am a current TM, he is absolutely correct.
If we didn’t have the equipment, that is not the employees problem, it would be ours as a company. And as others have said, to have you go to their other premises to download it, is doing it in work time, for which they would have to pay you, and it would have to be logged as ‘other work.’
As for downloading it in 14 days, the law is quite specific insofar as it only requires a download every 28 days. They cannot force you, but merely ask you.
Ken.
To add to the above, if you are to travel to another site, you need to use either a company vehicle, or have the appropriate insurance for your own vehicle.
Many (most?) Insurance companies only insure for “commuting to a single place of work”…
tommymanc:
I"m currently working under domestic rules, so I don’t need to use my card. However my employer has stated in company policy as it’s a legal requirement for “me” to download my card every 2 weeks. Whilst this is all fine and dandy the catch is, the only card downloader is 2 hours away in another depot.Company policy is I have to do this in my own time. I was working under EU rules for 10+ years before taking this employment, and still have 3 years left on my digi card. Do i plan on being with this company in 3 years time, I don’t know. Company have offered me 2 options,
- Surrender my card to them to return to DVLA.
- Every fortnight make the 4 hour round trip to download my card
I know under EC 561/2006 4(i)
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
That it’s listed as the Transport undertakings responsibility to download the card, but as our vehicles are not fitted with any recording equipment, where does the responsibility fall?
I also know that its a legal requirement for me to carry it at all times whilst driving professionally, which I do. I also know its thought that bringing that card to work, would/could translate to making the card available for the Transport undertakings to download. It’s listed on several blogs, several sites, related to such topics on the internet that this is the only legal obligation for the driver to do(with no links to any legislation), but as my currently employment falls under domestic rules is this still the same?
Wouldn’t doing something stated in company policy be classed as working time, and thus have to be compensated? I mean what’s to say that you have to check your vechile in your own time to be legal to do the job.
please find attached a image of a letter threatening to put me on unpaid leave in 13 days time, I’m looking for some legal help/advice and advice from you all that have delt with these big companies in the past.
Many thanks
Tommymanc
EDIT: spelling and [zb] grammer
[/quote]
Shameful - written by someone who displays a lack of knowledge of the very basics - who do you work for Taliban Transport?
Thanks for the strong words of encouragement so far guys, I’m still awaiting a response from the DVSA. I write this reply today as I just left the depos assistant managers office whom asked me what I intend to do with my tacho I told i’ve yet to decide, which he then out lines the company policy of traveling to the other depot each fortnight.
I’d like to point out, I don’t think I made it very clear in the OP that the card isn’t required for the work I do, and that we(the company) operate under domestic rules. I’ve yet to find any legislation that either confirms or denies our understandings of the rules for my current situation.
cav551:
The way to deal with this is to look up the company on the gov’t website “check Operators licence” enter the name of company and the nominated Transport manager’s name(s) will come up.
We seem to have 3 TMs listed for the company’s O licence, that covers a number of depots
Edit forgot to mention, the assistant manager claims the “directors” are breathing down there necks to get this sorted!
peirre:
Card readers are around £4+ second hand on eBay
Search for Omnikey. They’re only £10-£12 brand new. With their failure rate I’d not buy a used one. Used to build systems that used them for reading access cards and Windows should automagically install drivers if the computer is connected to the interweb.
Do NOT surrender your digicard, you will probably have no end of aggro getting it back again when you leave - and you won’t get another job without it. This looks like an agenda starting with round one of capturing and subjugating drivers, pay cuts will be next. About time the directors were sucked up by one of their turdlurpers.
With such a short deadline if there are enough of you then club together and buy your own cardreader and software and get it uploaded to the distant depot. It will be cheaper than one month’s round trips to that distant depot. In the meantime put in a group official grievance to HR about unreasonable demands and then JOIN A UNION.
Revenge is a dish best served cold so leave things a while and then maybe consider the satisfaction to be had from a couple of recoveries for bogged vehicles on site.
Aother quick update for you folks following this subject, 6days till i’m placed on unpaid leave. I’ve reached out to a number of specialist transport solicitors and only 2 have get back to me. Suggesting that somewhere in the business, puts the company inside the scope of EU regs. even tho the vechiles I drive on a daily basies don’t contain any recording equiptment ie tachos, they suggest somewhere in the fleet some must.
The 2 that have got back to me, have bother come to the concuslion that this is an employement law issue, and advised me to seek at advice in this sector. I’ve already reached out to 2 local employement law specilsts in my local area!
I don’t think what has happened is right, but bear in mind it is a £19 card and a new one normally comes quite quickly in the post if you were ever to decide to leave. The employment law specialist may tell you it is wrong but doing something about it may be another matter entirely.
It isn’t worth even losing half a day of pay over, so bite the bullet I would say. I would return the card myself and provide an online driving summary to prove it has been done. You have agreed not to do any other driving, so the only inconvenience is ordering a new card and the time it takes to arrive if you ever leave.