It pays to co - operate T was interested in the larticle
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"On the sidelines" in Commercial Motor 18-24 Nov, but I think a little word of warning is not amiss before operators start telling their
drivers "don't let a VI enforcement officer take your tachos".
Under the TA 1968 Section 99 (6) a police officer or an examiner can take a record sheet if he or she has reasonable cause to believe is false or has been altered, but not for tachograph or hours offences. Under the Police & Criminal Evidence Act 1984 a police officer can sieze a record for hours and tachograph offences.
Very often at a roadside check after the police have stopped a vehicle you only deal with a traffic examiner and if he finds an hours offence he often takes the tacho disc and gives a receipt for it. As we can see he is exceeding his authority by doing this, so what alternative action can he take?
He could ask the police officer to use his powers, or he could take a copy of the tacho disc but it is very seldom that a photocopy machine is available. He could copy out all the details form the tacho sheet into his note book which would be a timeconsuming exercise. Whatever method is used it means a delay to the vehicle, and maybe a missed ferry It then makes sense for all concerned to hand over the tacho record but make sure a receipt is issued for it.
Why is it so vital that the TE keeps the record? In order to secure a prosecution the original document has to be produced or full details of the offence in an official way. If an offence has been committed the tacho disc has a "mysterious" way of disappearing by the time the vehicle reaches base. If we are to catch the illegal driver it is sometimes necessary to bend the rules in order to secure the evidence required. Let me make it very clear I DO NOT believe in any underhand behaviour by any enforcement agency to obtain the necessary evidence. On the other hand the "criminal" will not feel guilty about doing the same thing. Always remember any enforcement officer can detain a vehicle for as long as he feels it is necessary to cany out his checks, so it always pays to co-operate.
Len Wright Maiden (PCV) Services Norwich.