OpenLegislation

Section 97D Vehicle units: downloading dataF1

United Kingdom

(1)

This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation F2or article 11(2)(b) of the Annex to the AETR 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—

CaseDownload period beginsDownload period ends

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

On the first day after the commencement of this section on which the undertaking—

  1. (a)

    controls the use of the vehicle, and

  2. (b)

    is required by article 10 F3of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from the unit

On the earlier of—

  1. (a)

    the expiry of the period of F490 days starting on the first day of the download period;

  2. (b)

    any downloading of the data before the expiry of that period

2. The undertaking uses the vehicle during the period of 90 days starting on the day after the last downloading under this section

On the day after the last downloading under this section

3. The undertaking does not use the vehicle during the period of 90 days starting on the day after the last downloading under this sectionOn the first day of the undertaking’s use of the vehicle after the last downloading under this section
(4)

The undertaking must ensure that all relevant data is downloaded from the unit—

(a)

immediately before transferring control of the use of the vehicle to another person;

(b)

without delay upon permanently removing the unit from service in the vehicle;

(c)

without delay upon becoming aware that the unit is malfunctioning;

(d)

without delay in any circumstances such that the imminent erasure of the data by the unit, in the normal course of its operations, is reasonably foreseeable.

(5)

But subsection (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data.

(6)

For the purposes of this section “relevant data” means any data recorded by the vehicle unit in a vehicle, other than detailed speed data.

(7)

For the purposes of this section and section 97E an undertaking controls the use of a vehicle during any period in which it may determine when, by whom and for what purpose the vehicle may be driven.

(8)

In this section and sections 97E to 97G, “downloaded” is to be construed in accordance with the definition of “downloading” in F5Article 2(2)(n) of the EU Tachographs Regulation.

Annotations

Textual amendments

F1

Ss. 97C-97H inserted (5.2.2008) by The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008 (S.I. 2008/198), regs. 1(1), 2

F2

Words in s. 97D(1) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 9(a)

F3

Words in s. 97D(3) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 9(b)

F4

Words in s. 97D(3) table substituted (6.4.2015) by The Passenger and Goods Vehicles (Recording Equipment) (Downloading of Data) Regulations 2015 (S.I. 2015/502), regs. 1, 2(2)

F5

Words in s. 97D(8) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 7

Notes on Part VI

Modifications

C1

Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C2

Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

C3

Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27