[Baron Von Doom]

Does anyone here have to use a digital driver card for work?
We have just changed over to the cards from a paper tachograph system. We only use the cards when towing so only get used a couple of times a week.
Myself and our driver were under the impression that the cards had to be downloaded within 28 days.
The manager at our place is having trouble with the download machine and has not downloaded any data yet. The card has now been used over a period of about 40 days (although actual use is only about 10 days).
The manager is saying the driver is fine to drive with it as its 28 days actual use and not 28 days overall.
Is he right?
Should we now be refusing to tow until they are downloaded?