Tachograph Offences
Tachograph regulations are designed to ensure that driving hours, rest periods, and working time are accurately recorded - helping to reduce fatigue and maintain road safety. Whether analogue or digital, tachograph systems play a vital role in enforcing both EU and UK drivers’ hours laws by monitoring driving time, rest breaks, and periods of availability.
Failure to comply - whether due to incorrect use, card misuse, missing data, or suspected falsification - can lead to serious consequences. These include fixed penalties, court proceedings, and, in more severe cases, referral to the Traffic Commissioner for potential suspension or revocation of a vocational or operator’s licence.
Road Traffic Defence Law represents drivers and transport operators facing tachograph-related allegations. Our team provides expert legal advice, reviews tachograph and driver data, and offers full representation throughout DVSA interviews, criminal prosecutions, and Driver Conduct or Public Inquiry proceedings.
Common Tachograph Offences Include:
- Failing to insert a driver card at the start of a journey
- Using someone else’s card or allowing another to use yours
- Driving without a card or with a defective tachograph
- Removing the card during duty time to conceal working hours
- Altering or falsifying records, whether digitally or on paper
- Failing to retain tachograph records for the required period
Legal Consequences
Offences can result in fixed penalties of up to £300 per breach, court prosecution, and custodial sentences in cases involving falsification. DVSA officers also refer cases to the Traffic Commissioner, which may result in suspension or revocation of your vocational driving licence and/or operator’s licence.
Operators may also be held accountable under the principles of "cause or permit" if they fail to ensure drivers are trained, compliant, and properly monitored. This can lead to findings of loss of repute, which are serious for maintaining an operator’s licence.
Defence Strategies
At Road Traffic Defence Law, we examine whether alleged breaches were intentional or the result of technical or procedural errors. Defences may include:
- Proving there was no intent to deceive
- Demonstrating that tachograph equipment was faulty or poorly calibrated
- Showing the operator provided insufficient training
- Arguing that missing data or errors were administrative and not deliberate
We assess downloaded digital tachograph files, card data, printouts, and inspection reports to determine whether enforcement authorities have correctly interpreted the evidence. Where appropriate, we may instruct technical experts to provide independent analysis.
Representation at Every Stage
Our solicitors offer advice and representation from the moment you are contacted by the DVSA or police. We can assist with:
- Responding to formal requests for information
- Attending interviews under caution
- Preparing for criminal court proceedings
- Representing drivers and operators at Traffic Commissioner hearings
Why Instruct Road Traffic Defence Law?
We understand the pressure professional drivers and transport managers face when accused of tachograph offences. We provide clear, practical advice backed by years of experience in transport and regulatory law. Our goal is to help you minimise penalties, retain your licence, and safeguard your business.
If you’ve received a summons, been called for interview, or face referral to the Traffic Commissioner, contact us now for urgent advice.