Digi cards

[junksmum]

The company i currenly work for has lost the contract. We start next week with a new company. They are saying they need our digi cards over next weekend, this is compulsory and not an option. Digi cards are drivers own property issued by dvla.
Any advice please

[Kati]

Re: Digi cards

I take it you're talking about a Digital Tachograph Card? Have they given you a reason why they want them?

[teaboy2]

Re: Digi cards

Are you employed or self employed?

Are you all being transferred over to the new company via TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006)? - Only relevant if your employed by the company, and not relevant if your self employed.

Did you apply for the cards yourselves? or did the company get them for you (i.e. a company digi card where company issues cards to each driver)? If it was the company, then they are company property and it will have the company's unique identifier on each of the company digi cards given to drivers.

If you applied for the cards yourself, then they are your property and the company has no right to them!

[matt3942]

Re: Digi cards

This isn't an area I'm familiar with but surely the employer checks the drivers' hours etc. via the cards on a regular basis to ensure compliance with UK/EU law?

- Matt

[teaboy2]

Re: Digi cards

If self employed the driver is responsible for hours they spend driving and keeping logs etc not the company.

Though if employed then yes the company would be responsible for keeping logs etc but they'd have company card(s) to do that that can be used on all or each company vehicle.

[junksmum]

Re: Digi cards

All info is on the chip on the card, the card is down loaded at the end of each shift so thereby no reason for them to have them

[junksmum]

Re: Digi cards

I am employed, and yes we are all going over on tupe. The Digital tachograph cards are the "sole responsibility of the card holder" Quote from Vosa

[matt3942]

Re: Digi cards

I understand now. You need to ask the employer why it needs your card, and then report back to us.

- Matt

[teaboy2]

Re: Digi cards

I am employed, and yes we are all going over on tupe. The Digital tachograph cards are the "sole responsibility of the card holder" Quote from Vosa

That's correct, but are you the registered card holder or is it the company? i.e. did you apply for your own cards, or where you given them by the company!

[junksmum]

Re: Digi cards

All drivers of LGVs have own cards, these are obtained at a cost from DVLA

[teaboy2]

Re: Digi cards

All drivers of LGVs have own cards, these are obtained at a cost from DVLA

Right, thanks for confirming that. In that case, as they are your own cards, then the company has no right to them. Ask them why they want your cards, like [MENTION=67649]matt3942[/MENTION] suggested above earlier.