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HGV driver found not guilty due to faulty tachograph

View profile for Sean Joyce
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Stephensons Solicitors LLP successfully defended an HGV Driver who was prosecuted by VOSA for a number of offences of breaching Drivers’ Hours Regulations. Our client had maintained from the outset that the tachograph unit in the vehicle had been experiencing an intermittent fault during a number of journeys between the UK and Holland.

Our client pleaded not guilty to three allegations of exceeding 4.5 hours driving without taking the required break(s); one allegation of exceeding 10 hours daily driving; and an allegation of failing to take sufficient daily rest.

Our client also pleaded not guilty to an allegation of failing to produce tachograph charts. VOSA alleged that the odometer readings recorded by our client were inconsistent with the distance traces recorded by the tachograph.

The case was dealt with by specialist Road Transport solicitor, Carl Johnson, who argued that there was clear evidence of a malfunction with the tachograph unit. A leading expert witness gave evidence to the Court confirming this and that the times and distance traces on the charts in question could not be relied upon. Evidence was also produced which confirmed that in one instance our client boarded a ferry 12 hours before it was recorded on his tachograph chart.

The Court was persuaded by these arguments and our client was found not guilty after trial.

By road transport solicitor, Carl Johnson

If you or one of your employees is accused of breaching drivers’ hours regulations it is important that you seek specialist advice without delay. To speak with one of our specialist road transport solicitors, call 01616 966 229.