Are you ready to download?

Owners, drivers, operators, fleet managers and everyone else in the transport industry should be made aware of the need to download promptly and retain safely, speed data from digital tachographs whenever accidents occur. Without this information, there is risk of a criminal prosecution that cannot be successfully defended.

Paper tachograph charts will soon be history as the new generation of digital tachographs, fitted in vehicles registered since May 2006, remove the need for using them. While many will be happy to see their demise, the digital tachograph is not nearly so friendly. While drivers can retain their driving history on their driver cards and the tachograph itself records vehicle use, the readily available daily printouts and periodic data downloads do not show vehicle speeds, just periods of driving, rest and other duties.

Digital tachographs do record the speed of a vehicle second by second. The printout of the speed trace is very user-friendly, a clear line graph with speed and time clearly defined. No more need for the magnifying glass and a guess at just what speed was recorded. However, the digital tachograph is not a massive data storage unit and the second-by-second speed analysis is only retained for a rolling 24 hours. The first 24 hours of driving in the vehicle is recorded and then, as driving continues, the data is overwritten and once overwritten the original data is lost for ever.

It is, therefore, essential that every time a vehicle is involved in an accident the speed data is downloaded as soon as possible and always before the 24-hour overwriting period. Speed trace data is incredibly helpful in defending drivers both in the criminal courts and in civil proceedings. In addition, drivers alleged to have been speeding have used tachograph charts to prove their innocence. Without the download, this helpful evidence will be lost and many innocent drivers may be convicted.

Brokers could assist by ensuring that policyholders are aware of the need to retain speed data in the immediate aftermath of an accident, before this vital evidence is lost and by asking for this data when claims are notified to them.

- Marshall Lamb, Legal assistant, Injury risk group, Beachcroft LLP.