Hi,
I’m possibly needing equipment to download data from my card. I say possibly as I’m just a driver, but potentially driving for various operators.
I’m under the impression either I download periodically OR the operator does and retain for 12 months.
Any advice most welcome.
macplaxton:
I’m under the impression either I download periodically OR the operator does and retain for 12 months.Any advice most welcome.
Not quite m8, the operator has a responsibility to download the data from both the driver card and the digital tachograph in the vehicle regardless of weather or not you download the data from the card.
There’s no requirement for you to download from the driver card, you do however have a responsibility to make your driver card available to a firm you do work for, so that they may download the data from it.
or give them printouts!!
you have fulfilled your legal obligation if you have printed a copy of your days working off and then hand it in after the 28 days is up. ( you dont actually need to keep it because it is on your card but it saves a lot of time if you do!)
i believe 
Giblsa:
or give them printouts!!you have fulfilled your legal obligation if you have printed a copy of your days working off and then hand it in after the 28 days is up.
You haven’t fulfilled any legal obligations by doing that, all you’ve done is waste paper. 
No legal requirement to take, keep, or hand in a printout under normal operations. All you have to do is make your card available for download and that is the extent of your responsibilities.
Ok, I’ll tell the RSA where to go. 
I’m looking at THIS and the relevant legislation that say one OR the other has to do it.
Seems like a bad piece of national legislation implementing a directive 
I feel it’s like pushing water uphill, especially when the “competent authority” is anything but…
Giblsa:
or give them printouts!!you have fulfilled your legal obligation if you have printed a copy of your days working off and then hand it in after the 28 days is up. ( you dont actually need to keep it because it is on your card but it saves a lot of time if you do!)
i believe
Sorry but you believe wrong
On
Page 34 Rules on Drivers’ Hours and Tachographs is:
When driving a vehicle that is equipped with a digital tachograph, drivers should:**- make their cards available for downloading by their employer; and**
Or
Article 10-REGULATION (EC) No 561/2006:
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;
On the subject of “OR”.
If the operator doesn’t give a monkey’s then does the downloading responsibility land back on my lap? 
macplaxton:
On the subject of “OR”.If the operator doesn’t give a monkey’s then does the downloading responsibility land back on my lap?
I would have thought that was a bit of bad interpretation of the EU regulations by the Irish government.
It looks as if the RSA have to some extent passed the buck to the driver.
But:
If it’s left to a driver to download the data from the driver card how do they fulfil the bellow requirement
REGULATION (EC) No 561/2006
Article 10/5a
(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;
i stand corrected
it was a bit of a MMTM moment! 
I’m probably worried over nothing as the whole concept of enforcement seems an alien one. 
Looking at European Communities (Road Transport) (Recording Equipment) Regulations 2006 (S.I. 89 of 2006) PDF and ignoring the some of the time scales which have now changed. It does look like a half-baked job.
The RSA (issuer/enforcer), puts a disclaimer at the bottom of their page “The information contained on this website does not purport to be a legal interpretation of the requirements of the legislation relating to tachographs”
So I’m inclined to just work from EU Directive 561/2006, but even bits of that pass the buck to the member state…
Let’s say I just want to keep the RSA happy and do more than I need to, is there a cheap card reader I can get and something that would work on a Linux box?