Tachograph Offences Solicitors

A lack of knowledge of the rules in respect of tachographs can easily cause problems for any operator that deals with vehicles that are, or which should be, fitted with a digital tachograph. If you or an employee have been accused of breaching the rules in respect of tachographs or tachograph records, the specialist commercial road transport solicitors at JMW are ready to provide the legal advice and services you need.

To get in touch with a solicitor if you have been accused of breaching tachograph rules and regulations, call us today on 0345 872 6666 and we will be happy to discuss your case. Alternatively, fill in our online enquiry form and we will get back to you.

How JMW Can Help

Defending against allegations of, or an investigation into, a tachograph offence is difficult due to the legally technical aspects involved. The expert tachograph offences solicitors at JMW are experienced in handling and advising on tachograph matters for both individuals and businesses.

Our specialist solicitors will discuss your situation with you in detail and help you to understand your legal position simply and clearly. We then consider all possible resolutions on your behalf and offer expert advice to help you to keep your licence and your livelihood. Where a criminal conviction is unavoidable, we will work to present mitigating circumstances to ensure your sentence is not overly harsh.

JMW is a modern practice with members often rated in Chambers UK and the Legal 500 for our high standard of service. If you are accused of tachograph offences, including falsifying records, and are facing a criminal prosecution, you should seek legal advice at your earliest opportunity.

Meet Our Team

What Is a Tachograph?

A tachograph is, in essence, a device installed into a commercial vehicle to record detailed information and data relevant to the driver’s activities. It primarily monitors drivers’ hours compliance, although there are other related monitoring functions.

A tachograph records the following information:

• Distance the vehicle has travelled
• Speed of the vehicle
• When the vehicle is not moving (rest and breaks)
• Time spent driving
• Other work periods
• When the case that holds the tachograph is opened
• Any loss of power to the speed and distance sensor

The tachograph must also maintain proper records so that compliance can be verified when necessary.

What Are the Rules Related to Tachographs?

The regulation governing the EU rules in respect of tachograph installation and usage (Regulation (EU) No.165/2014) was retained in UK law following the UK’s exit from the EU. This means it remains in force in the UK, although there are some amendments included.

The general rule is that tachographs are required to be installed and used in vehicles used for the carriage of passengers or goods by road, and to which the EU Drivers’ Hours Rules apply. There is, however, a list of exemptions to the requirement to install and use a tachograph.

The regulations in respect of tachograph installation and usage lay down stringent technical specifications that recording equipment must follow in order to ensure that driver activity is properly monitored. The tachograph equipment itself must:

• Record tachograph data related to the driver, driver activity and the vehicle, and that activity must be accurate
• Be secure
• Be interoperable
• Allow for the efficient verification of compliance with the tachograph rules and regulations
• Have enough memory capacity to store all the required data
• Be user friendly

Using a vehicle that does not have a tachograph installed when it should have, in compliance with the rules and regulations, is an offence, as is causing or permitting such a vehicle to be used.

For the rules on drivers’ hours, visit our dedicated page.

What Are the Potential Tachograph Offences?

There are a number of behaviours that can constitute offences by drivers or operators who are responsible for vehicles that require tachographs. The tachograph offences that solicitors at JMW have defended include:

• Driving or operating a vehicle in which a tachograph is legally required without using one. This includes driving with a malfunctioning tachograph, or using a tachograph that does not meet the current legal standards.
• Failure to retain tachograph records for the required period (usually 28 days for drivers, one year for operators under assimilated or AETR rules or two years for operators under the Road Transport (Working time) Regulations 2005).
• Using devices or techniques to create false records. This includes using someone else’s digital driver card or allowing someone else to use yours, and driving with an expired or invalid card.
• Altering or interfering with recorded data to misrepresent driving times, rest periods or speeds.
• Exceeding the daily, weekly or fortnightly driving limits.
• Failing to observe mandatory rest breaks or daily/weekly rest periods.
• Inputting false manual entries into a tachograph.
• Failing to accurately record non-driving periods, such as other work or rest.

Any of these offences is considered a serious matter and any tachograph or drivers' hours offences can be associated with significant legal penalties, including the potential loss of your career as a professional driver. Offenders may also be called to a driver conduct hearing before the Traffic Commissioner, which could affect their vocational driving licences as well as their livelihood.

For minor offences, the most common result is a fixed penalty or fine, which can increase according to the severity of the breach. More serious breaches could result in court prosecution and potentially unlimited fines. Drivers may be prohibited from operating vehicles until issues are resolved, and serious fraud offences, such as tampering with tachographs, can lead to custodial sentences. Persistent breaches by operators may result in restrictions or suspension of an operator’s licence by the Traffic Commissioner, which can affect their business. As such, it is important to contact our expert team for legal support if you are facing tachograph offences.

If a driver receives a roadside fixed penalty, this is considered a conviction and ought to be reported to the Traffic Commissioner within 28 days. Failure to do so is a breach of your operator licence conditions and considered a criminal offence.