Tachograph and Drivers Hours Offences
Tachograph and Drivers’ Hours Offences and Prosecutions
If tachograph or drivers’ hours offences are discovered in the course of a DVSA investigation into your business, the implications can be serious. In many cases, evidence of drivers hours offences will result in your transport business being called to a Public Inquiry hearing before the Traffic Commissioner. If the offences found are particularly severe, your drivers and your business can also face criminal prosecution.
At Rotheras, our specialist transport regulatory lawyers are experts in this niche area of law. We understand that in many cases, company directors can be wholly unaware that drivers hours offences are taking place within their business. It is often a lack of proper tachograph analysis policies and experience that allows problems to go undetected.
During an initial DVSA investigation, we will:
- Review the allegations and the evidence and work closely with you to determine how the offences occurred
- If necessary arrange for an independent analysis of the raw data
- Assist you to put in place best-practice policies and procedures to ensure future offences cannot take place
- Liaise with the DVSA investigators on your behalf, and represent you during any interview under caution conducted by a DVSA Traffic Examiner
If your business has been called to a Public Inquiry hearing with the Traffic Commissioner, we will:
- Work with you to prepare your case and rectify any compliance failings prior to the hearing
- Represent your business at the Public Inquiry, and seek to get the best outcome possible.
If you or employees of the business have an upcoming prosecution at either the Magistrates or Crown Court, we will:
- Advise you on the allegations, the strength of the evidence, and possible pleas
- Liaise with the prosecutor on your behalf with a view to reducing or discontinuing some or all of the individual charges if possible
- Represent you either at a contested trial or on a guilty plea, and seek to obtain the best outcome possible for you and your business
Types of tachograph and drivers’ hours offences
There are a wide range of tachograph and drivers’ hours offences on the statute books. Some offences are treated more seriously than others. The more common offences include:
- Knowingly creating a false tachograph record under s99ZE of the Transport Act 1968. For example: driving without a digital tachograph card fitted, or driving using someone else’s tachograph card
- Forging or destroying tachograph data
- Using a vehicle with a device fitted to interrupt the tachograph recording device
- Failing to take the required rest or break periods, or incorrectly using the mode switch
- Driving a goods vehicle without a tachograph fitted when an exemption does not apply
The number and the seriousness of the offences will determine any likely sentence. Offences involving dishonesty (e.g. Knowingly withdrawing a driver card to conceal excess hours) can in some severe cases result in a custodial sentence. For expert advice upon tachograph offences and prosecutions contact one of our Specialist Road Transport Solicitors on 0115 910 6210 or email firstname.lastname@example.org.
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Head of Transport Law
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Chambers UK, 2018
Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view
Chambers UK, 2019
Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.
Chambers UK, 2018
Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!
Julian Brindley - John Brindley Ltd
The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.
Richard Hitchcock - Hitchcock & King
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We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.
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Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.
Chambers UK, 2020
Chris Powell focuses his practice on road transport issues, regularly representing haulage, transport and logistics companies. He has considerable experience in regulatory matters involving operator licences and compliance failings, as well as more serious criminal investigations relating to fraud.
Chambers UK, 2020
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Natalie is an Employment Law specialist with over 10 years’ experience representing both businesses and individuals across a range of employment services including settlement agreements, discrimination, dismissals and redundancy.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell is an associate solicitor at Rotheras, specialising in road transport law and motorist defence. He advises and represents haulage and PSV operator licence holders, Transport Managers and drivers on all road transport regulatory matters.
Lindsey is a Chartered Legal Executive and Paralegal based in our transport and motorist offence department.
Billy advises businesses on a range of commercial and corporate issues and is happy to assist you with buying or selling businesses, corporate mergers and shareholder agreements
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.