The firm i drive for has a replacement vehicle from the Lease Co. (regular truck is “in” for 4 days for MOT). This vehicle has a digi-tacho, so, as i am the only driver with a card, i get to drive it. This is the first time i have used a digi-tacho.
My question … i know i have to get the info on MY card downloaded within 28 days, BUT … i know that the firm hasno facility to do this … i know i will have a responsibility to get the info downloaded, but is it MY fault if my employer fails to do this ?
Just wondered if any-one else had this prob, and what the LEGAL point was ?
It’s not your responsibility. It is up to the company to make sure they download it, not you. Don’t worry about it. What you could do is do a printout at the end of every working day. That is the last thing the Tacho asks you. No will be flashing. Just up arrow to yes and hey presto. You can then hand them in to your employer in a tacho envelope.
NO.its your companies responsibilty make possible the means to download your card.all you need to do is make it availible.there are people on here who know far more than i technically on this subject.possibly even ask mods to move it to “safety/law section”.
Just to put your mind at ease mate, from an enforcement point of view I certainly wouldn’t stick you on over something like this if you’ve taken steps to cover yourself by doing the aformentioned print outs (I would recommend also do one at the start of your shift as well). Just make sure you have enough spare paper rolls in the unit to do all those prints!
Yes it is your companies responsibility ultimately (with digi being out for a while now they really should be equipped), but as a driver you’re the one who will cop it at the roadside in the first instance so I would just cover yourself mate, safe driving.
southcoastsurfer:
Just to put your mind at ease mate, from an enforcement point of view I certainly wouldn’t stick you on over something like this…
You mean apart from the fact you couldn’t 'stick him as he won’t have done anything wrong? 
southcoastsurfer:
… if you’ve taken steps to cover yourself by doing the aformentioned print outs (I would recommend also do one at the start of your shift as well). Just make sure you have enough spare paper rolls in the unit to do all those prints!
Why on earth does he need to do printouts? Downloading the card is not his responsibility and taking a print out does not remove the requirement for the operator to download the card. There is absolutely no legal requirement to take printouts in this situation.
He hasn’t said his card is lost stolen or damaged so unless he has to correct something such as wrong use of mode or explain a deviation from the hours regulations then he has no reason to make a print out. The operator not downloading the card isn’t a deviation from the regs by the driver so no explanation necessary.
southcoastsurfer:
Yes it is your companies responsibility ultimately
Not ultimately, solely the company’s responsibility. The driver’s responsibility goes no further than making his card available for download.
southcoastsurfer:
(with digi being out for a while now they really should be equipped), but as a driver you’re the one who will cop it at the roadside in the first instance so I would just cover yourself mate, safe driving.
Cover himself for what, he isn’t the one doing anything wrong Also, exactly how would anyone know whether the operator has downloaded the card or not in a roadside check?
Coffeeholic:
southcoastsurfer:
Just to put your mind at ease mate, from an enforcement point of view I certainly wouldn’t stick you on over something like this…
You mean apart from the fact you couldn’t 'stick him as he won’t have done anything wrong?
southcoastsurfer:
… if you’ve taken steps to cover yourself by doing the aformentioned print outs (I would recommend also do one at the start of your shift as well). Just make sure you have enough spare paper rolls in the unit to do all those prints!
Why on earth does he need to do printouts? Downloading the card is not his responsibility and taking a print out does not remove the requirement for the operator to download the card. There is absolutely no legal requirement to take printouts in this situation.
He hasn’t said his card is lost stolen or damaged so unless he has to correct something such as wrong use of mode or explain a deviation from the hours regulations then he has no reason to make a print out. The operator not downloading the card isn’t a deviation from the regs by the driver so no explanation necessary.
southcoastsurfer:
Yes it is your companies responsibility ultimately
Not ultimately, solely the company’s responsibility. The driver’s responsibility goes no further than making his card available for download.
southcoastsurfer:
(with digi being out for a while now they really should be equipped), but as a driver you’re the one who will cop it at the roadside in the first instance so I would just cover yourself mate, safe driving.
Cover himself for what, he isn’t the one doing anything wrong Also, exactly how would anyone know whether the operator has downloaded the card or not in a roadside check?
Don’t get your knickers in a twist pal, i’m just offering some advice on how best Rustler could cover his own arse thats all. Contrary to popular belief there are some of use on this side of the fence who realise (as in this case, and which I haven’t disputed) that operators are more often than not the ones at fault, and for what it’s worth i’d sooner see them brought to account more often than the individual driver who always tends to cop it on their behalf.
Rustler certainly is not at any fault whatsoever, but for the sake of a few seconds he can make sure he’s water tight if any questions are ever asked. There’s no harm in that is there?
The Rustler:
I HAVE been doing a print out at the end of each shift 
just to cover MYSELF. Do i need to sign these print-outs - if so, where 
There’s no need to sign the printouts as they will have your driver card number and vehicle registration on them, anyway they don’t negate the companies responsibility to download the data but I guess anything is better than nothing
The Rustler:
There was “talk” at work about getting organised to go “Digi”
Talk about bolting the stable door after the horse has bolted hey Rustler
southcoastsurfer I agree with what Coffeeholic said, there’s no responsibility on The Rustler other than to make his driver card available for download, it’s solely the companies responsibility to download from the driver card and the VDU which is going to be difficult without the proper equipment 
The Rustler:
Cheers guys 
I HAVE been doing a print out at the end of each shift just to cover MYSELF. Do i need to sign these print-outs - if so, where
Those printouts don’t cover you for anything and they aren’t required so no need to sign them, or hand them in, either bin them or keep them as a memento of your first digi drive. You only need to sign required printouts which are those taken because your card is lost stolen of defective or when you have had to write an explanation for something.
southcoastsurfer:
i’m just offering some advice on how best Rustler could cover his own arse thats all. Contrary to popular belief there are some of use on this side of the fence who realise (as in this case, and which I haven’t disputed) that operators are more often than not the ones at fault, and for what it’s worth i’d sooner go after them rather than the individual driver who always cops it.
Rustler certainly is not at any fault whatsoever, but for the sake of a few seconds he can make sure he’s water tight. There’s no harm in that is there?
I realise your advise was well intentioned but the point is that The Rustler doesn’t need to cover his arse as he hasn’t done anything wrong and doing printouts won’t change anything as the company still has a responsibility to download from the driver card and the VDU
southcoastsurfer:
Don’t get your knickers in a twist pal, i’m just offering some advice on how best Rustler could cover his own arse thats all.
He has nothing to cover his arse for so the advice is nonsense.
southcoastsurfer:
Contrary to popular belief there are some of use on this side of the fence who realise (as in this case, and which I haven’t disputed) that operators are more often than not the ones at fault, and for what it’s worth i’d sooner go after them rather than the individual driver who always cops it.
I take it from that you are some kind of enforcement officer? In which case you really should know better and give correct advice instead of nonsense. There is nothing in the regulations which require him to do any more than make his card available yet you, apparently an enforcement officer, are telling him he should take unnecessary printouts. Why would you do that rather than correctly tell him he need take no action?
southcoastsurfer:
Rustler certainly is not at any fault whatsoever,
Exactly, and given that fact why does he need to do anything?
southcoastsurfer:
but for the sake of a few seconds he can make sure he’s water tight. There’s no harm in that is there?
And exactly how would having unnecessary printouts, which in this case wouldn’t be worth… well the paper they are printed on, make him water tight? You’ve already said he hasn’t done anything wrong.
This isn’t at all about regs and legislation Coffeholic, it’s simply that theres no harm whatsoever in covering ones own arse, and all I ever suggested to Rustler were recommendations of what he could do. Nonsense? I think not mate but clearly you don’t agree, c’est la vie hey? 
southcoastsurfer:
This isn’t at all about regs and legislation Coffeholic, it’s simply that theres no harm whatsoever in covering ones own arse
Again, cover his arse for what? He has nothing to cover it for, it’s not his problem. The printout will only be a duplicate of what is on his card and given he doesn’t normally drive a digi vehicle it will be on there for months anyway.
He came on here with a simple question - “My company have no facility to download my digi card, what do i need to do?” The answer is as simple as the question - “Nothing, other than make your card available for download.” He didn’t need recommendations of what he could, which indeed were nonsense, he just needed the correct answer.
i have a question about this as we know if we don’t have a digi card we can’t drive them ( IE never been issued one ) would that be the same for the company if there have not got a company card, can there operate a truck without said company card.
delboytwo:
i have a question about this as we know if we don’t have a digi card we can’t drive them ( IE never been issued one ) would that be the same for the company if there have not got a company card, can there operate a truck without said company card.
Basically no, as if the operator doesn’t have a digital control card and the necessary hardware/software to download the driver card and digital VU data at least every 28 days then they cannot fulfill these legal obligations in order to keep a digitach equipped vehicle running legally. Further clarification can be found here - businesslink.gov.uk/bdotg/ac … 262&r.s=sc
delboytwo:
i have a question about this as we know if we don’t have a digi card we can’t drive them ( IE never been issued one ) would that be the same for the company if there have not got a company card, can there operate a truck without said company card.
I believe they need a company card in order to download from the VDU and they have a responsibility to download from that as well as the driver card, so I wouldn’t have thought they could legally run a vehicle without a company card.
Having said that the fact that they don’t seem to have facilities to download from the driver card doesn’t necessarily mean they don’t have a company card, they just can’t use it for downloading from the VDU is all
delboytwo:
i have a question about this as we know if we don’t have a digi card we can’t drive them ( IE never been issued one ) would that be the same for the company if there have not got a company card, can there operate a truck without said company card.
As long as they get the card before the required time to download from the unit then I don’t see why they can’t operate the vehicle while waiting for the card to arrive. It doesn’t take 56 days to order and receive a card so they have plenty of time. They don’t need a company card to download a drivers card, just a card reader and software which could be ordered online one day and received the next, well within the 28 day period.
There obligation is to download within the prescribed periods so as long as they have the means to do that before exceeding the 28 days for cards and 56 days for the vehicle unit download periods I see nothing to stop them operating the vehicle in the interim.
Thanks again guys. Just shows what a hornets nest i have stirred up There is NO chance of downloading from the truck … it will go back tomorrow (as long as t’other one is back from MOT).
I was more concerned that i would be at fault, if my card was not downloaded … in the same way, as if i had failed to hand in my tachos.
The “talk” of training was months ago 
But, as we are still running a truck that should have been replaced in Dec. 08 (it is now on mileage 
) … because the Directors can’t make a decision. The trucks are just there to deliver their own produce. I sometimes think “I” know more a about running trucks than they do
Any-one know a good firm in Yorkshire wanting a TRAMPER … UK/Europe (France/Benelux/Spain) 51yrs 30yrs experience
