Tacho problems
Page 26
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Becker's letter highlights
problems that on occasion can exist between solicitors for the defence and those of the enforcement bodies (CM 19-25 October).
Tachograph Analysis Consultants (TAC) provides checking services based strictly on the legislation and uses computerised analysis that was designed with the Department of Transport and used by its own staff.
There seem to be two particular points of law that can be discussed with respect to roadside checking: i) The effect of EC . regulations in relation to the Police and Criminal Evidence Act; ii) The legal question of Section 97 of the Transport Act 1968.
With regard to the EC regulations—these are directly applicable. With regard to Section 97, it is referred to in the Commencement Order, bringing Section 99 (2) into force in March 1970. It is not the Section 97 now inserted into the act. As a result, the reference made to Section 97 in Section 99 (2) is not a reference to the same Section 97 which is currently law.
The original Section 97 did not have a Commencement Order and never became law. It was revoked by the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 (SI 1979 No 1746) with effect from 14 January 1980. The present Section 97 was inserted by the same regulation on the same date.
Drafting, in not altering the reference in Section 99(2) of the Transport Act 1968 from one of "Section 97" to "Section 97 as inserted by the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 (SI 1979 no 1746), has created a gap in the text's continuity. Nigel Kirkwood Tachograph Analysis C-onsultants.