As experts in telematics and fleet management, we know that the correct use and storage of tachograph data is an important part of European regulations. Compliance is an essential factor in avoiding fines and ensuring road safety. For this reason, we are providing you today with important information on the upcoming deletion date for tachograph data on 31 March 2023.
What is tacho data and why is it important to keep it?
Tachograph data (or tacho data) is information about drivers' speed, driving and rest times and hours worked recorded by a tachograph. According to EU Regulation 561/2006, this data must be recorded and kept by transport companies. This is not only to ensure compliance with regulations, but also to improve drivers' working conditions and increase safety on the roads.
What happens on the tachograph data deletion date?
According to the regulation, transport companies must keep tachograph data for at least 365 days. On the deletion date, which this year is Friday the 31.03.2023, all data older than 1 year must be deleted by default. This means that all data recorded before 1 April 2022 will be deleted. However, there are cases where retention periods for tachograph data may differ.
Note: This only affects the data files from the tachographs and driver cards, all other data from your contracted services will not be deleted and will remain in accordance with the data retention period granted in the subscribed service.
As every year, we remind our customers well in advance of the upcoming deadlines and carry out the deletion for our customers for all data hosted by TSI automatically and within the deadline.
When do different storage periods for tachograph data apply?
There are various cases where the retention periods for tachograph data may differ. These include:
Working time recording
If the data from the tachographs and driver cards are used, for example, for recording working hours or payroll accounting, these may be subject to a much longer storage period, in this case possibly even storage periods of 10 years. If you use this data for payroll or working time accounting, it is best to ask your tax advisor or HR manager which retention period applies to you.
Unforeseen events
If an unforeseen event occurs, such as an accident or vehicle breakdown, it may be necessary to retain the tachograph data for longer than the normal retention period. In this case, the data must be kept at least until the investigation is completed.
Investigations
When an investigation is carried out, whether by the police or another authority, it is advisable to retain the tachograph data until the investigation is completed. In some cases, the data must also be stored for a longer period if requested by the authorities.
Legal disputes
If legal disputes arise, whether between the driver and the employer or between the employer and the authorities, the tachograph data should be retained until the dispute is resolved.
Company internal reasons
A company may decide to keep the tachograph data longer than the usual retention period for internal reasons. Be aware that in this case you will need to keep the data safe and secure if you wish to do so outside of TSI's highly secure platform.
What happens if you do not comply with the retention period?
If you do not comply with the retention period for tacho data, you can expect fines and other sanctions. Furthermore, this can lead to a loss of trust with customers and partners. Therefore, it is important that you make sure you comply with the regulations and only keep the data you need longer and delete all others within the deadline.
How to save your tacho data?
There are several ways to back up your tachograph data. One way is to download the data provided in the system from the digital tachographs and driver cards and transfer it to an archive or other storage medium. However, it is important to ensure that your data is safe and accessible when you need it.
Alternatively, you can tell us a different storage period so that the data is kept in the web portal according to your specifications. You can also verify your current backup status and retention period by yourself at any time in the web portal under Management/Driver Compliance.
If you wish to change the storage period, contact and instruct us in writing to apply a different retention period for you. An e-mail is sufficient.
Conclusion
Compliance with the regulations for the storage of tachograph data is an essential part of fleet management. On the tacho data deletion date of 31 March 2023, all data older than 365 days or older than the storage period you have specified will be deleted. It is therefore important that you ensure that you save any data that you wish or need to retain before this date or notify us of a change in the retention period in good time.
Please note that in order to ensure meeting the deadline, we will start with the deletion work already on 30 March 2023. Please inform us of any changes latest by this date!
Failure to comply with the regulations may result in fines and other sanctions. We therefore recommend that you comprehensively obtain all information on the regulations that apply to you and ensure that you are aware of all the necessary requirements and have taken appropriate action if necessary.
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