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Change 1
As published
97E Driver cards: downloading data
(1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from a driver card issued to a driver.
(2) The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.
(3) The download period begins and ends as set out in the following table—
Case | Download period begins | Download period ends
1. The undertaking has not previously downloaded data from the card under this section | On the first day after the commencement of this section on which— the driver drives for the undertaking, and the undertaking is required by article 10 of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from the card | On the earlier of— the expiry of the period of 28 days starting on the first day of the download period; any downloading of the data before the expiry of that period
2. The undertaking has previously downloaded data from the card under this section | On the first day on which the driver drives for the undertaking after the last downloading under this section
(4) The undertaking must ensure that the data is downloaded from the card—
(a) immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver;
(b) without delay upon becoming aware that the card has been damaged or is malfunctioning;
(c) without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable;
(d) if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle.
(5) But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.
Your change, as a redline
97E Driver cards: downloading data
(1) This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from a driver card issued to a driver.
(2) The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.
(3) The download period begins and ends as set out in the following table—
Case | Download period begins | Download period ends
1. The undertaking has not previously downloaded data from the card under this section | On the first day after the commencement of this section on which— the driver drives for the undertaking, and the undertaking is required by article 10 of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from the card | On the earlier of— the expiry of the period of 28 days starting on the first day of the download period; any downloading of the data before the expiry of that period
2. The undertaking has previously downloaded data from the card under this section | On the first day on which the driver drives for the undertaking after the last downloading under this section
(4) The undertaking must ensure that the data is downloaded from the card—
(a) immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver;
(b) without delay upon becoming aware that the card has been damaged or is malfunctioning;
(c) without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable;
(d) if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle.
(5) But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.
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