There are many ways you and your Drivers can break tachograph laws and regulations; trust us, we've spent years designing software that can detect them all. In this blog, we'll go over the most common list of tachograph infringements we see being committed, sometimes by mistake, sometimes deliberately.
Table of Contents
List Of Tachograph Infringements
Driving without a tachograph
If you're found to be driving a vehicle that requires a tachograph without a working unit fitted, then the Driver or Operator could face a fine of up to £5,000.
Tampering with a tachograph, or tachograph data
Attempting to falsify tachograph data, or altering the tachograph unit to change what or how it records information can land you with a fine of up to £5,000, or up to 2 years in prison.
Breaching the EU Drivers' Hours Rules or the WTD
There are many rules that you mustn't break, relating to the amount of time drivers are permitted to work and drive. We cover these rules extensively in some of our other posts, which are linked below, but for now, just know that breaking these laws can land you with a fine of up to £2,500.
- Comparison guide to the EU Drivers' Hours & WTD
Failing to download & store tachograph data
Driver Data (recorded to the individual Driver Cards that have been inserted into the tachograph) must be downloaded every 28 days at the latest, and vehicle data (recorded to the tachograph unit) must be downloaded every 90 days at the latest. This data must be retained for at least 12 months, or 24 months if it's the only source of data for the drivers' Working Times. Failure to do this can earn you a fine of up to £2,500.
Making inaccurate tachograph records
Your tachograph can measure non-driving activities such as periods of Other Work or Availability, but the driver must record the time spent on these activities themselves. Making inaccurate entries can earn you a fine of up to £2,500, or £5,000 if it can be proven that you acted with intent to deceive others.
Using someone else's Driver Card
This one is obvious, and is considered to be a form of falsifying tachograph records. You should never use someone else's Driver Card!
Failing to carry 28 days' worth of tachograph records with you
If a vehicle requires a tachograph, then the DVSA requires the driver of that vehicle to have 28 days' worth of tachograph records available in-person to inspect, in case the driver is pulled over. This should all be stored on the Driver Card, but you must also ensure you have enough tacho rolls to make all the printouts! Failing to provide this information is a tachograph infringement.
List Of Tachograph Infringements: How Are The Fines Determined?
In the UK, all fines are on a fixed scale, with a clear maximum fine for each offence. Tachograph breaches and infringements are all either Level 4 (maximum fine of £2,500) or Level 5 (unlimited maximum fine) offences. Then, the prosecution will determine the amount you'll be required to pay within that bracket based on the circumstances of the case.
| Offence | Penalty |
|---|---|
| Failure to observe driving times, break or rest period rules | Level 4 fine |
| Failure to make or keep records under the GB rules | Level 4 fine |
| Failure to install a tachograph | Level 5 fine |
| Failure to use a tachograph | Level 5 fine |
| Failure to hand over tachograph records as requested by an enforcement officer | Level 5 fine |
| False entry or alteration of a record with the intent to deceive | On summary conviction: Level 5 fine On indictment: 2 years’ imprisonment |
| Altering or forging the seal on a tachograph with the intent to deceive | On summary conviction: Level 5 fine On indictment: 2 years’ imprisonment |
| Failure to take all reasonable steps to ensure contractually agreed transport time schedules respect the EU rules | Level 4 fine |
Summary: List Of Tachograph Infringements
It's not great if you make a tachograph infringement, but it doesn't have to be the end of the world either. As long as it was an honest mistake, and you can demonstrate professional growth and behaviour usually after you have paid your fine, you'll be able to move past the infringement.
Hopefully, thanks to our list of tachograph infringements, you won't be breaking any tachograph rules any time soon!
How Tachomagic Can Help!
If you want to keep on top of Tachograph infringements and avoid them in future, TachoMagic's Automatic Download Device (the TADD) automatically downloads all the driver and vehicle data remotely to our servers, whenever the ignition is on. No human input required! There, it's instantly analysed and converted into simple, useful, easy-to-understand reports.
Forgetting to do your downloads is one of the most common tacho infringements, but TachoMagic can eliminate it completely!
Want to find out more? You can use one of the links below or call us on 0113 877 0190, we are always happy to help.
Further Reading
Since you've found our guide, "TachoMagic's List Of Tachograph Infringements" useful, you might also be interested in reading these:
- Tachograph rules made simple
- Drivers' and Operators' key tachograph responsibilities
- Tachograph rules for double-manning
