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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“Our experienced and specialist team represent clients nationally on a day-to-day basis”
Head of Transport Law
This was my first experience using a solicitor, something I felt quite daunted about. Rotheras (Greg and Petra) put me at ease and were very helpful.
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rotheras. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rotheras for their service.
We cannot recommend Chris Powell of Rotheras more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rotheras are the best choice.
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
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 and drivers on all road transport regulatory matters.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
Elizabeth Shaw is a paralegal in Rotheras Transport department and is based at our Lace Market office.
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