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FTA: Back off on tack) fiasco
Page 16
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The FTA wants police to follow VOSA's enforcement line and stop prosecuting those who aren't deliberately flouting the law. David Harris reports.
THE FREIGHT Transport Association (FTA) has called on the police to stop "pointless" prosecutions of drivers who use more than one tacho chart in a day.
Robin Sharp, head of health and safety for the FTA, says prosecutions of drivers who use more than one chart but have no intention of falsifying records do not make sense: "There are 30 different types of charts and it can be quite difficult for drivers to know which type to use. If a driver uses several vehicles in a day there is a very good chance that the chart he started with will not fit any of the other vehicles."
Sharp made his remarks in the wake of Essex driver Nigel Rudkin's successful appeal in September against his conviction for creating false records (CM 7 October).
Rudkin had previously been convicted on five counts of making false records even though he had been unaware that he was doing anything wrong by accurately -recording his daily driving on two charts.
Rudkin called a VOSA policy advisor as a witness in his appeal and VOSA agrees that it is not in the public interest to prosecute those who have no intention of breaking the law.
A spokesman explains: -VOSA's policy is that legislation does not prohibit the use of two charts, but implies that only one chart should be used unless there is an incompatibility between the machines or there is a reason why charts couldn't be transferred across."
Sharp adds: "Clearly police should not prosecute if there is no intention to falsify tachograph charts.
"It is incredibly pedantic to prosecute otherwise."
• For more on this subject see page 36