Incorrect or fraudulent use of a tachograph can have severe implications for both drivers and operators alike. This article highlights 5 things you may not …Read More
Tachograph and Drivers’ Hours Offences
Are you facing prosecution for tachograph and drivers’ hours offences?
Tachograph and drivers’ hours offences are taken very seriously by the Traffic Commissioners. In serious cases they can result in a criminal prosecution.
The possible outcomes will depend on the seriousness of the offences alleged, however they can include:
- You could face an unlimited fine
- You will receive a criminal conviction if found guilty
- Your vocational drivers licence may be revoked
- Your operator’s licence could be revoked or suspended
- In very serious cases you could face a prison sentence
Offences often come to light during a DVSA (VOSA) investigation.
How our transport lawyers can help:
Our transport lawyers will act fast to protect you and your business.
- Firstly, we will review the prosecution evidence and advise you on the strength of the evidence against you
- Then, if necessary we will arrange for any data to be independently analysed
- In some cases we will challenge any evidence that may not be admissible
- Throughout the process we will liaise with the prosecutor to explore whether any charges can be withdrawn
- One of our advocates will then represent you at your Magistrates’ Court or Crown Court hearing
- Finally, one of our specialist transport lawyers will represent you at any Public Inquiry or driver conduct hearing with the Traffic Commissioner
Common drivers hours and tachograph offences include:
- Driving without a driver card
- Using someone else’s driver card
- Failing to make a relevant record or entry
- Knowingly making a false record
- Interfering with a tachograph device
- Exceeding your daily / weekly driving hours
- Failing to take proper breaks and rests
Finally, if you are found guilty of any of these offences the Traffic Commissioner will be made aware.
- If you are a driver convicted of tachograph or drivers’ hour offence you should expect to be called to a driver conduct hearing. At that hearing the Traffic Commissioner can take action against your vocational licence. suspend or revoke your vocational licence.
- If you are an operator or a Transport Manager you should expect to be called to a Public Inquiry by the Traffic Commissioner. The Traffic Commissioner has the power to take regulatory action against your O licence. He can, for example, suspend, curtail or even revoke your licence.
Read more about Traffic Commissioner Public Inquiries here
In conclusion, tachograph and drivers’ hours offences are serious matters. They can impact your reputation, your livelihood, and in some cases your liberty.