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Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008

rose to move, That the Grand Committee do report to the House that it has considered the Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008. The noble Lord said: The regulations represent the final stage of a series of legislative changes that are necessary to reflect the introduction of digital tachographs throughout the European Union. The EU drivers’ hours and tachograph rules require most HGVs and some buses and coaches to be equipped with a tachograph to monitor drivers’ driving times and rest periods through recording the time, speed and distance of journeys. The rules also require that drivers and operators keep records of hours worked. The first generation of analogue tachographs recorded the information on paper disks. However, due to increased abuses and manipulation of the equipment, digital tachographs were developed and, for vehicles first brought into service on or after 1 May 2006, these new tachographs are now mandatory under EU legislation. The digital tachograph records information electronically on both the unit fitted to a vehicle and a magnetic card that is personal to an individual driver. The EU legislation requires member states to ensure that the data necessary to enforce the rules can be made available for at least 365 days after recording and under conditions that guarantee the security and accuracy of the data. Because of the risk of overwriting of data or its loss for other reasons, the EU regulation makes regular downloading of data mandatory. However, the rules leave the frequency of downloading to individual member states. These regulations would specify that data must be downloaded at least every 56 days for vehicle units and at least every 28 days for drivers’ cards. In addition, the new EU legislation requires drivers to keep records covering the previous 28 days in their vehicle. That is inconsistent with existing domestic legislation, which requires drivers to return records to their employer within 21 days. To avoid conflict, the regulations extend the period within which drivers must return records to their employer to 42 days. The regulations will apply throughout Great Britain. Similar provisions are being made for Northern Ireland. The regulations have already been considered and approved by the other place. Happily, I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008. 4th Report from the Statutory Instruments Committee.—(Lord Bassam of Brighton.)