Tachograph offences and drivers’ hours regulations can prove to be an extremely complex area of law, if you are being investigated or have been prosecuted it is vital that you seek legal advice from expert road transport solicitors as soon as possible. Contact our road transport solicitors for free initial advice 24/7 on 0845 00 20736.
Stephensons Solicitors LLP regularly acts for clients facing investigation and prosecution for breaches of the drivers’ hours regulations. We represent operators and drivers in interviews under caution; criminal cases in the Magistrates’ Court and Crown Court; and regulatory proceedings before the Traffic Commissioner. We also have specialist experience of defending large-scale tachograph falsification cases involving multiple defendants.
A fully functional tachograph system must be used in vehicles over 3.5 tonnes and vehicles adapted to carry over 8 passengers, unless an exemption applies. For the tachograph to be classed as fully functional the system must record:
- Distance
- Speed
- Breaks and daily rest periods
- Driving time
- Other periods of work
- The opening of the case containing the record sheet
- From 1996 a record of any interruption to the electrical supply to the speed and distance sensor
Failing to adhere to drivers’ hours regulations can result in prosecution for a variety of offences, the penalties for which can be severe.
Simple breaches of the regulations can attract fines of up to £2,500. Failing to use a tachograph can attract a penalty of up to £5,000. Operators or drivers are often prosecuted for multiple offences with each potentially attracting a separate fine.
The falsification or alteration of drivers’ hours records is a serious offence which carries a maximum penalty of 2 years imprisonment.
Convictions for drivers hours’ offences can also have serious regulatory implications for both operators and drivers and drivers alike. Investigations by VOSA or convictions in the Courts will often result in proceedings before the Traffic Commissioner.
One of the standard undertakings attached to and operator’s licence is that the operator will ensure that they are fully compliant with drivers’ hours regulations. Convictions for these offences can therefore have serious implications for operators and may result in them being called to attend a Public Inquiry for regulatory action to be considered.
Drivers convicted of these offences may find themselves called to attend a driver conduct hearing and may face having their vocational licence entitlement suspended, or in more serious cases, revoked.
Stephensons’ road transport lawyers have considerable experience in defending drivers’ hours offences and advising on compliance with the regulations. If you would like to discuss your case with one of our transport solicitors, please call 0845 00 20736.
