Tacho query
Page 5
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CONCERN over police officers' rights to seize tachograph charts has been intensified by the recent spate of accidents in bad weather, and CM's office has received several inquiries from drivers.
Following an accident, or a spot-check, police officers have the right to seize the driver's chart from his tachograph only if he believes a false entry has been made or the record altered with intent to deceive.
The law is stated in Section 99(5) of the 1968 Transport Act, as amended by the 1979 Passenger and Goods Vehicle (Recording Equipment) Act.
Police officers do have the right to inspect charts and records, however. And they have the right to insist that the chart be produced later.
If a policeman wants to keep a driver's chart, but says he does not suspect any false entry or intent to deceive, a practical solution on the spot may be for the driver to suggest to the policeman that he signs the back of the chart so that the driver can take it back to his depot.
Where the police officer uses his right to seize the chart, a receipt should be obtained by the driver,