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Charts are not personal
Page 40
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[he company I drive for has chosen the achograph chart as its method of recording working time for the purpose of complying with the Working Time Regulations.
As the regulations require records to be )river +lame and address supplied Ne do not think that you do have such a right. Under the new regulations the employer is 'equired to retain records to prove the rules have Jeen complied with. The regulations do not iictate the format of the records; they simply say there must be adequate information to show ompliance. Some employers are using [achographs as the most practical method of Joing this. There is the question of the information being :apable of protection underthe Data Protection rot. But it is unlikelythat you could successfully argue that such information belongs to you. Data Rhich is recorded on a tachograph chart representing your wortfor your employer is not personal to iou. The collection of data on a tachograph chart is a mandatory requirement underthe drivers' hours rules which are not 'trumped' by the provisions of the Data Protection Act. Operators have been keen to destroy tachograph charts after 12 months. It is true that the charts can be scrutinised for up to two years but it should also be remembered that proceedings within lh e magistrates' curt for the majority of hours rules offences must he launched within six months of the date of the offence. Only more serious issues such as false records are excluded from this limit and there is no time limit for matters being brought before the Traffic Commissioner by VOSA. By law your employer has to collect your tachograph chart within 21 days. This is another stipulation which clearly indicates you have no rights over your charts in the way you suggest.