Guide to Tachograph Offences

The Offences

It is an offence to use any of the following vehicles without a fully functional Tachograph installed and running:
• a public service vehicle;
• a vehicle which can carry more than 12 people;
• a heavy (large) goods vehicle; or

a vehicle which is designed to carry goods other than the belongings of passengers

To be considered fully functional the recording sheet must be capable of recording the following:

• distance travelled;
• speed;
• driving time;
• other periods of work or of availability;
• breaks from work and daily rest periods;
• the opening of the case containing the record sheet; and
• (for vehicles built from 01/01/1996) a record of any interruption to the electrical supply to the distance and speed sensor.

It is also an offence to forge, falsify or alter Tachograph records.

Do I need an NIP (Notice of Intended Prosecution) for Tachograph Offences?

No, there is no requirement for an NIP for Tachograph related offences.

Punishment

No Tachograph Installed:  Fine up to a maximum of £5,000

Forgery or Altering Tachographs:  Maximum of 2 years imprisonment with an unlimited fine.

Defences

These vary from showing that your actions were reasonable to you legitimately not knowing that there was a fault with the tachograph equipment.

Successfully relying on a defence is often dependent on identifying relevant facts and assessment of technical information.  You can be assured that the prosecution will do their best to obtain a conviction and proving your case in Court is never an easy task

We recommend you seek legal advice if facing any charges relating to Tachographs, particularly the more serious charges which can result in you being sent to prison.

Don't wait until it's too late. Call Motor Defence Team now, on 0800 2800 912, for a fixed fee consultation with a specialist lawyer.

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