Does your employer have a right to ask for your digicard,for downloading purposes?
I understand that they need 28 days records,in the event of an examination,but that could be given by the driver,in printout format.
Does the card have to be downloaded for any other reason?
Sorry if it`s being covered elsewhere.
Whiplash.
Your card MUST be downloaded every 28 days and the VU MUST be downloaded every 56 days.
Of course you cannot use digital printouts, the law is very strict on this and is the reason many companies get caught out.
You must make your card available for download, if the company do nodo it, that is their problem not yours, even an owner driver has to download his card.
Drivers records must be kept by the company for 12 months minimum, 24 months if using them for RTD purposes.
whiplash:
Does your employer have a right to ask for your digicard,for downloading purposes?
I understand that they need 28 days records,in the event of an examination,but that could be given by the driver,in printout format.
Does the card have to be downloaded for any other reason?
Sorry if it`s being covered elsewhere.
Whiplash.
As Wheel Nut has said the company have a legal obligation to download the data from the driver card, and you have a legal obligation to make the card available for download.
And before anyone starts off down the data protection route and the ‘It’s my card so they can go swivel’ thing, note that the card is not actually your property. Just like your Driving Licence it is actually the property of the Secretary of State for Transport.
Thanks to you both for the answers
If the card was to be downloaded,but not to the employers unit,(for example,to his own card reader)would this satisfy the authorities?
I thought the only obligation was to provide the employer with your 28 days records,(whether that be digitally,through the card,OR, with hard copy records,through printouts).
The reason most employers want it through the card is,I believe, it saves them the physical requirement to manually record the 28 days records.
It`s not a makey uppey question,a colleague of mine,who is getting SERIOUS GRIEF from his employer,wants to give the grief back.
Thanks in advance.
whiplash:
Thanks to you both for the answers
If the card was to be downloaded,but not to the employers unit,(for example,to his own card reader)would this satisfy the authorities?
I thought the only obligation was to provide the employer with your 28 days records,(whether that be digitally,through the card,OR, with hard copy records,through printouts).
The reason most employers want it through the card is,I believe, it saves them the physical requirement to manually record the 28 days records.
It`s not a makey uppey question,a colleague of mine,who is getting SERIOUS GRIEF from his employer,wants to give the grief back.
Thanks in advance.
As already said the transport operator has a legal obligation to download the data from the driver card and the driver has a legal obligation to make the card available for download.
Downloading the data to your own PC would not negate a drivers obligation to make the card available for the company to download the data.
Giving grief to an employer by getting himself into trouble with the authorities does not seem to me to be a particularly good way to go 
A driver has a legal obligation to make the card available to the transport operator for download, a printout or any other method of supplying the records from a driver card will not comply with the regulations and could land your colleague in trouble with VOSA.
The reason most employers want it through the card is,I believe, it saves them the physical requirement to manually record the 28 days records.
The reason employers want the records through a download is because the law requires it to be done that way
whiplash:
It`s not a makey uppey question,a colleague of mine,who is getting SERIOUS GRIEF from his employer,wants to give the grief back.
Ask him if giving the grief back is potentially worth £2500 because that is what he could be looking at, Level 4 offence, by not providing his card for download.
whiplash:
I thought the only obligation was to provide the employer with your 28 days records,(whether that be digitally,through the card,OR, with hard copy records,through printouts).
The only legal obligation for the driver is to make the card available to the operator for download. Giving the employer hard copy printouts is not an acceptable alternative. If the card is made available but the employer chooses not to download it then that is not the drivers problem.
whiplash:
The reason most employers want it through the card is,I believe, it saves them the physical requirement to manually record the 28 days records.
No, the reason they want to download the card is because that is the only record that is legally acceptable.
Paul
Thanks all for the advice.
Yeah,it is a bit childish,but you have to see it in the context the point is made.
Two wage cuts in the last year,totalling about 1500/1700euro p.a.,rules and regulations and expectations,and onus on the driver to do almost everything.The man`s peed off big time.Just wants to make life as awkward for them,as they are for him.
whiplash:
The man`s peed off big time.Just wants to make life as awkward for them,as they are for him.
But there is making life awkward and then there is shooting yourself in the foot. Refusing to hand over your card for download could be easily be classed as gross misconduct by the company and he is gone.