Tachographs - What Are They And What Offences Can Arise?

A tachograph is a device which records the driving activity of a vehicle, namely the speed at which the vehicle is travelling and whether it is stationary or moving at any given time. This article looks at what types of vehicle tachographs are most commonly fitted to, what their purpose is, and related driving offences. The article also looks at the importance of drivers working hours rules.

By law, tachographs must be fitted in all public services vehicles (such as a bus or a coach), any vehicle that can carry 12 or more people (such as a minibus) and all heavy good vehicles (HGVs). Older style, mechanical tachographs used a stylus which plotted a line on a paper circle that continued to move during the day. One rotation of the circle was equal to a 24 hour period. The line would show when the vehicle was stationary and when it was moving as well as the speed at which the vehicle was moving. These older style tachographs are being replaced with electronic or digital tachographs which record the same information but, it is thought, are less vulnerable to being tampered with.

There are numerous offences connected with tachograph use. Tampering with the data being produced by a tachograph is an offence in itself as is driving one of the vehicles listed above without a properly fitted tachograph. An offence such as these can, depending on the severity, result in a hefty fine or a prison sentence. Speeding offences can arise from tachograph use as the device can record what speed the vehicle was travelling at, at any given time.

For a very good reason, there are rules and guidelines in place which set out maximum period of time that, for example, HGV drivers can drive for before taking a break. Tachographs come into affect here as they are able to record the periods when the vehicle is not moving (the presumption being that, at that time, the driver is taking a break). EU regulations state that a driver cannot drive for more than 9 hours a day and not for more than 4.5 hours at a time, before taking a break of a least 45 minutes. They must not work more than 56 hours over a 1 week period and 90 hours over a two week period. These rules should be taken seriously as a driver’s ability to brake in time and avoid collisions can be effected if he or she becomes tired due to a lack of breaks. >/

The law surrounding tachographs is complex and a very experienced and specialist solicitor will be required to represent you if you find that you are involved in a tachograph related driving offence.

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