UK Law governing pool/fleet vehicle tracking

[daveor8v8]

I've been asked about tracking Vans used for deliveries.

If I google this I end up with a response about vehicles owned by a company (good) driven by a constant individual (not relevant here) who might legitimately use them for personal journeys (nope, not here), say, this: https://www.dataprotection.ie/en/dpc-guidance/empl... - that link concerns a specific relationship and only refers to the DPA 2018, not a specific provision.

These vans are not driven by employees (think 0 hrs contract or perhaps volunteer), they are driven by multiple drivers daily who already fill in a route sheet at the start and end of every journey (this identifies them) and identifies the route the vehcile was to take. They are legitimately POOL vehicles IRO HMRC.

The Tracking system does not have access to the above data (i.e. the tracking system can not identify the driver) and only limited (position) data is stored by the tracking system.

Could someone say what provision(s) of GDPR covers this? Is there other legislation?

PS: There is no intent to concel the tracking, rather I'm asking what needs to be complied with when informing drivers.

[Pit Pony]

Im no lawyer. But you say.

You want to be paid ? Theres a tracker that knows where the van is at any one time. We can see that data.

[Roofless Toothless]

This Unison document may be of help to you.

https://www.unison.org.uk/content/uploads/2020/07/...

[E-bmw]

But surely the person is not being monitored, just the vehicle.

IANAL but I would say non-issue.

[ATG]

I cannot see there is any strict need to tell the drivers anything. You might discourage piss taking by telling them that the vehicles are tracked, so if you're concerned that they ought to know about the tracking anyway, why not just tell them?

[V8LM]

The route sheet falls under GDPR as it is information related to an individual. The tracking data of the van does if it can be linked to the individual, by the route sheet, for example. The individual's location is known.

Tell the drivers that the vans are tracked, what the data is used for, and who has access to the data.

https://www.dataprotection.ie/sites/default/files/...

[Roofless Toothless]

I have just found this, with a specific reference to vehicle tracking.

https://www.davidsonmorris.com/monitoring-employee...

[Stick Legs]

I know someone who operates a fleet of vans as part of their business, the policy is that you sign the van out as the driver, on the sign out sheet it has a blurb about the tracker, and that failure to operate the vehicle legally, and to the benefit of the business is a disciplinary offence, or words to that effect.

This covers you from most of the ways people can claim they 'weren't aware' or they didn't expressly agree to the policy.

The above link is very good, and very clear advice.

[V8LM]

Stick Legs said:

I know someone who operates a fleet of vans as part of their business, the policy is that you sign the van out as the driver, on the sign out sheet it has a blurb about the tracker, and that failure to operate the vehicle legally, and to the benefit of the business is a disciplinary offence, or words to that effect.

This covers you from most of the ways people can claim they 'weren't aware' or they didn't expressly agree to the policy.

The above link is very good, and very clear advice.

I would remove the and to separate the presence of the tracker from the failure of operate legally (unless you do intend to use the tracking data to monitor behaviour).

[Stick Legs]

V8LM said:

Stick Legs said:

I know someone who operates a fleet of vans as part of their business, the policy is that you sign the van out as the driver, on the sign out sheet it has a blurb about the tracker, and that failure to operate the vehicle legally, and to the benefit of the business is a disciplinary offence, or words to that effect.

This covers you from most of the ways people can claim they 'weren't aware' or they didn't expressly agree to the policy.

The above link is very good, and very clear advice.

I would remove the and to separate the presence of the tracker from the failure of operate legally (unless you do intend to use the tracking data to monitor behaviour).

I wasn't quoting, hence no quote marks, that's just my way of speaking. I'm sure it is correct as he took legal advice, and your comment is helpful for the OP.

[ADJimbo]

I’ve a good friend with a sizeable business and fleet who rolled out trackers circa three years ago and asked my professional advice. I read up on it as it’s not normally something I’d become involved with in my professional practice.

In a nutshell the picture looked as follows;

1. If the Co. own / lease the vehicle then they can track their own property.
2. The operator of the vehicle they're operating should be aware that the vehicle is tracked.
3. GDPR / Data Protection protocols for storage of tracked data come into play.
4. If the vehicles are used for social, domestic and pleasure purposes then it’s a grey area.

It actually worked out well for my friend and was embraced by his team. Moreso, he had an employee who suffered a massive heart attack whilst parked-up waiting to make a delivery. The employee was able to call the office but was unaware of where he actually was. They could pin-point his vehicle and get an Ambulance to him. It saved his life.

If he has a neigh-sayer on trackers nowadays it’s health and safety / lone working essential as backed up by evidence.