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Responsibilities of Vehicle Operators - New Section - DVSA page PSV375 on GOV.UK

20 Aug 2020

The Department for Transport has updated the DVSA page PSV375 on Gov.uk, that covers the rules on Drivers' Hours and Tachographs

 

A new section has been added to the guide:

 

5. Responsibilities of vehicle operators

The new section sets out then legal responsibilities and liabilities transport business have for their own and their drivers' compliance with the regulations

 

The new section emphasises that Operators must:

  • ensure that tachographs have been calibrated, inspected and recalibrated in line with the rules
  • supply sufficient quantity of type-approved charts and printer rolls to drivers
  • ensure drivers are properly trained and instructed on the rules relating to drivers’ hours and the correct functioning and use of tachographs
  • properly schedule work so the rules are met
  • keep documents at their premises to show compliance with the requirement for drivers to return to their home or the operator’s base (EU rules only)

In relation to Digital Vehicle Units, Operators must download data:

  • at least every 90 calendar days
  • immediately before transferring control of the use of the vehicle to another person (for example, when the vehicle is sold or de-hired)
  • without delay upon permanently removing the unit from service in the vehicle
  • without delay upon becoming aware that the unit is malfunctioning, if it is possible to download data
  • without delay in any circumstances where it is reasonably foreseeable that data will be erased imminently and
  • as often as necessary to ensure that no data is lost

In relation to Driver Cards, Operators must download data:

  • at least every 28 calendar days
  • immediately before the driver ceases to be employed by the undertaking (this also applies to agency drivers)
  • without delay upon being aware that the card has been damaged or is malfunctioning, if it is possible to download data
  • without delay in any circumstances where it is reasonably foreseeable that data will be erased imminently
  • where it is only possible to download the card via a Vehicle Unit (for example, if the card is stuck), immediately before ceasing control of the use of the vehicle
  • as often as necessary to ensure that no data is lost

Operators must also:

  • Regularly check digital data and analogue charts to ensure compliance with the rules
  • Retain records for a minimum of 12 months
  • Take all reasonable steps to ensure compliance with the rules
  • Provide copies of digital data or analogue charts to drivers if required

The page also contains information about the responsibilities operators have in relation to the calibration and inspection of tachographs, the breakdown or failure of a tachograph unit and about the use of company cards

 

Further information:

https://www.gov.uk/guidance/drivers-hours-passenger-vehicles/5-responsibilities-of-vehicle-operators