We are required to keep the data for a period no less than 7 years by
of use <http://logmate.co.nz/about> outline this in more detail, however
at this stage we have no plans to remove any data at any time.
Access to your logbook records in terms of legality are by no means any
different when comparing paper vs electronic formats. It is your data and
you must give consent or it must be 'requested via legal channels outlined
under the Act'. All the same laws apply (Land Transport Act, Work-time
rules) whether it is paper or electronic.
You are correct that enforcement officers 'may use' the GPS data to
determine actual position at the time any record is created in Logmate
during an 'investigation' and thus 'may be' able to conclude that a drivers
logbook entry is in fact fraudulent. The emphasis on 'may be' is
The level of evidential weight that a smart-phones GPS data has, is yet to
be tested in our courts, but in the event of a prosecution I would imagine
that other evidence to support any claims would be required, but this is
just a personal view on my part and I'm no lawyer.
In the case of a paper logbook, your right that the location entered may
not provide enough detail, however I know for a fact that other means would
definitely, and can currently be, requested. Like, for example your mobile
phone logs from Vodafone/Telecom/2degrees. These records indicate which
cell tower you were connected too at any given time on any given day, which
can be used to triangulate your location. Other examples are Eftpos
transactions, Traffic cameras, Security cameras, & Navman navigation logs.
The list goes on.
However, the bigger picture is this. By the act of using an electronic
logbook system, a driver/operator is 'willing demonstrating' their desire
to operate in 'as legal a manner as they can'. This intention on its own
sets the driver/operator apart from the majority, and thus will be viewed
as a 'positive'. Due to the nature of this technology, the enforcement
community acknowledge that this reflects the 'right attitude' and simply
helps them to identify those that don't.
Some of the obvious benefits of electronic logbooks are the amount of time
spent completing your logbook; the administration of delivering to your
operators and for them to file and store these records. In the event of an
enforcement stop, an officer is able to review a logbook in a fraction of
the time, which means you get back to work sooner.
The true benefits to the driver/operator reside in the comfort and
certainty that all logbook records are and will always be available, free
from legibility issues, inaccurate entry formats and delivered to all
associated parties automatically when required. Not only does this mitigate
the risk of fines that start at $150 for each issue found, which can lead
to a 3 month loss of license for drivers and even larger penalties for
operators, but also in the event of an accident or incident any insurance
claims made as a result a less likely to be refused on the grounds of
inability to demonstrate compliance effectively; something which is little
known by the vast majority of people I speak to.
The introduction of electronic logbooks into the transport industry is, in
my mind, inevitable and simply part of the evolution of the level of
professionalism of those that work within it. Like all change, there is a
mix of pros and cons, but one thing that is certain is evolution is
Also given the new focus on Work place Health and Safety that has arisen
recently, the level of scrutiny and interest in the safety (& compliance)
of all workers in New Zealand and the resulting need for an efficient means
to capture the necessary data in a format that provides timely delivery, is
now more pressing than ever.
Change is now afoot. It is simply a matter of deciding when and whether you
and your operator choose to adapt.
I know that this response is long-winded, but your query strikes at the
heart of why I got into this business.
Founder and Managing Director
Tierra Technologies | developers & operators of Logmate