Passenger & Goods Vehicles (Recording Equipment) (Downloading etc) Regulations 2008
by Tim Ridyard, Barker Gotelee Solicitors

These new Regulations were made on 29 January 2008 and come into force 7 days thereafter. They are therefore in force now.

The Transport Act 1968 has been amended so that drivers are now required to return their paper tachograph records for whom they have been working within 42 days of the records having been created (it will be recalled that previously the rule was 21 days but the requirement in force since 1.1.08 to be able to produce records for the previous 28 calendar days was in conflict with this).

Digital download: transport undertakings must ensure downloading of vehicle unit and driver card data so that none is lost but in any event must do so for vehicle unit data within 56 days and for driver card data within 28 days. Transport undertakings can be obliged to download data where enforcement officers have reason to believe that road traffic legislation has been contravened. Also, the regulations list the circumstances in which businesses must secure data from vehicle units and driver cards before the elapse of 56/ 28 days e.g. on disposal of vehicles.

A failure to download/retain data or provide this to officers is an offence.

Where a driver works for two or more businesses he or she must provide each of them with sufficient information to enable them to discharge their drivers hours obligations.