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Tachograph offences

A tachograph is a device fitted to a vehicle which records its speed, distance driven and the driver’s activity.

This is designed to ensure that employers and drivers follow strict EU rules on drivers’ hours which govern the number of hours a driver can work before taking a break (and how many breaks they are required to take within a certain period of time).

These rules depend on the weight of the vehicle, the country it is being driven in and what the vehicle is being used for. EU rules state that all vehicles over 3.5 tonnes and vehicles adapted to carry more than eight passengers (for example, buses) must be fitted with a fully working tachograph, unless exempt. All commercial vehicles registered on or after 1 May 2006 must be fitted with digital tachographs, otherwise an analogue device can be used.

It is a criminal offence to breach drivers’ hours regulations or to tamper with a tachograph to misrepresent the number of hours driven. Breach regulations can lead to a fine of up to £2,500, while failure to use a tachograph can result in a fine of up to £5,000. Tampering with a tachograph or falsifying drivers’ hours records is a more serious offence which carries a maximum sentence of two years’ imprisonment.

A conviction for tachograph offences can have serious implications for both operators and drivers, particularly as an operator’s licence usually includes a condition that the operator will ensure that they are fully compliant with drivers’ hours regulations, while drivers themselves can end up having their vocational licence entitlement suspended or even revoked.

If you are facing allegations of breaching drivers’ hours regulations or tachograph misuse, whether you are an operator or a driver, then it is essential to seek expert advice at the earliest opportunity to ensure you receive the best possible legal representation. At Minton Morrill, our specialist solicitors are highly experienced in representing clients in such cases, whether at the magistrates’ court, the Crown Court, the Court of Appeal or even the Traffic Commissioner.

To find out more about how our specialist tachograph offences solicitors in Leeds, Bradford, Hull, Yorkshire and the wider North of England can help you, please contact us.

 

Our Experience of Driving Offences Claims

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Philip Goldberg praised by the Crown Court Judge in his successful appeal of a driving disqualification imposed by Bradford Magistrates Court putting “an end to his sleepless nights” as he can stop worrying about the future of his employees and...

R v G

Lindsey Lobley secures acquittal and retention of licence for her delighted client who provided short notice instruction The defendant instructed Lindsey Lobley to represent him in what should have been a very straightforward case which was complicated by...

R v A

Business man keeps his licence This client’s wife is a Legal Advisor at our local court with over 25 years experience. She recommended he instruct Mr. Goldberg when he risked losing his licence. As a director of a family business and instrumental...
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