Downloading from digi card

Isn’t there something about first use of a digi-tach equipped vehicle, where the operator has to download data?

I’m sure that the operator has to download before transferring control of the vehicle when it is de-hired anyway.

Downloading regulation as it applies to first use of a vehicle, from The Passenger and Goods Vehicles (Recording Equipment)
(Downloading and Retention of Data) Regulations 2008. A read which is unlikely to make the short list for the Booker Prize. :wink: :stuck_out_tongue:

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Vehicle units: downloading data
97D.–(1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a vehicle unit in a vehicle.

(2) The undertaking must ensure that relevant data is downloaded from the unit not later than the end of the download period if–
(a) it controls the use of the vehicle throughout that period, and
(b) it uses the vehicle at some point during that period.
(3) The download period begins and ends as set out in the following table–

Case
The undertaking has not previously downloaded data from the unit under this section

Download period begins
On the first day after the commencement of this section on which the undertaking–
(a) controls the use of the vehicle, and
(b) is required by article 10 to ensure that data is downloaded from the unit

Download period ends
On the earlier of–
(a) the expiry of the period of 56 days starting on the first day of the download period;
(b) any downloading of the data before the expiry of that period

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That means on starting to use a vehicle the operator has a maximum of 57 days, day of first use + 56 days, to download the data. In the case of a hire vehicle which is returned before 57 days then the VU would have to be downloaded before handing the vehicle back to the hire company.

In the case of the original question then they shouldn’t be operating the vehicle as they will not be able to get a card in 4 days. In relation to delboytwo’s question then it seems a company could operate a new vehicle, or long term hire vehicle, while waiting for the card to arrive.

Coffeeholic:
In the case of the original question then they shouldn’t be operating the vehicle as they will not be able to get a card in 4 days. In relation to delboytwo’s question then it seems a company could operate a new vehicle, or long term hire vehicle, while waiting for the card to arrive.

out of curiosity if the operator hired the truck lets say for 27 days as some do on there margin and send it back, but lets say there did not get the download equipment or card and let say the driver was stopped by the wheel tappers about 5 weeks late in his/hers regular truck, and it was serious enough to warrant the wheel tappers to go to the firm and ask for the data from the truck that the driver was driving last month what would happen then. that is to the company

delboytwo:
out of curiosity if the operator hired the truck lets say for 27 days as some do on there margin and send it back, but lets say there did not get the download equipment or card and let say the driver was stopped by the wheel tappers about 5 weeks late in his/hers regular truck, and it was serious enough to warrant the wheel tappers to go to the firm and ask for the data from the truck that the driver was driving last month what would happen then. that is to the company

Simple, they would be in trouble for not downloading the data as required. Nothing happens to the driver as he/she has done nothing wrong, as far as the down loading issue goes.

Smart Mart:
Isn’t there something about first use of a digi-tach equipped vehicle, where the operator has to download data?

What follows is from memory so apologies if it’s not 100% right (I’m sure someone will correct me…)

It is highly recommended that you use your operator card to “lock” the data in the tacho head as soon as you take over the vehicle. This means that anything recorded from that time until either you unlock it or someone else uses their operator card to lock it can only be downloaded using your operator card (or one of VOSA’s control cards). If you don’t do this on a hired vehicle, for example, whoever hires it next can use their operator card to download your data which you probably don’t want them to be able to do.

Paul