The British abroad
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What about the international
operator can he escape liability for infringements committed overseas?
Drivers' hours and tachograph offences committed on the Continent cannot be prosecuted in England and Wales. However, the TCs cast a wide net and wield a big stick. They can be advised of convictions recorded against drivers and
operators by the DVLC; and the Vehicle Inspectorate can check tachograph charts and report any problems to the TC.
The TC can then consider the operator's good repute and fitness to hold an 0-licence. He can take into account any other information he considers relevant when considering repute or fitness in the case of the restricted licence holder.
If an operator commits more than one serious offence then, again, his repute will be called into question. "Serious" in this context equates to a maximum penalty of more than three months' imprisonment (including suspended sentences) or a fine in excess of L2,5oo.
The TC may ignore offences where he considers that sufficient time has elapsed, or if they are spent convictions under the terms of the Rehabilitation of Offenders Act.
However, there is no escape for the driver who has falsified his charts for an overseas trip. He can be prosecuted in this country—not for creating a false record, but for creating a false document. The penalty for this offence in a magistrates court is a fine up to f5,000 and six months' imprisonment.