1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192 
Play your cards right
Page 38
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
New regulations are introducing penalties of up to £5,000 in fines or two years in prison for the fraudulent use of digital tacho cards.
Transport lawyer Tim Ridyard reports.
On 21 August, a new set of regulations came into force relating to the various cards used in digital tachographs. The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations 2006 cover the misuse of these cards.
Regulations which came into force in August 2005 for all tachographs,including digital tachographs, gave police and Vosa greater powers in relation to prosecutions, searches and seizure, and increased the courts' sentencing powers. Then, in May 2006, it became compulsory for digital tachographs to be fitted and used in vehicles brought into service after 1 May. Rules were introduced concerning what data must be downloaded and stored and how this should be done.
No this latest set of regulations covers what may and may not happen in relation to the cards used in digital tachographs — in other words, company, control, driver and workshop cards. These provisions are not unlike other rules con cerning the use and misuse of driver licences, MoT certificates. tax discs and soon.
According to this most recent legislation a person may not use more than one driver card, nor may a driver use a card if they are not the holder. Offences are committed if forged or altered cards are used; if cards are issued as a result of incorrect applications; or where false statements are made to obtain a licence.
Penalties
The maximum penally is a £5,000 fine for using, attempting to use or being in possession of more than one driver card; or using or attempting to use a card of which the driver is not the holder.
The penalties are potentially greater in relation to false statements or false applications, where there is a maximum power of three months' imprisonment in the Magistrates' Court or up to two years in the Crown Court. However, there are circumstances in which a driver may lawfully hold more than one card. For example. it is not an offence to hold a card which expires within one month plus its replacement.
Nor is it an offence to hold a card which has expired at the same time as anotherlive' card. Otherwise,it would be totally impracticable for drivers to receive a replacement driver card in readiness for the expiry of the old one — driver cards are valid for five years.
Similarly, a person may not use more than one workshop card or PIN which allows the card to be used.The penalties for these offences are the same as for driver-card offences, including potential prison sentences, for divulging PINs for the workshop cards to third parties.
Breaches
People causing or permitting breaches in these rules are also liable to be prosecuted.
The new regulations also provide for what should be done when cards are lost, stolen, damaged or malfunction. I f a tachograph card is lost or stolen, the card holder must notify this to the Secretary of State (in practice, the DV LA) in writing. The holder must also provide any other information or documents required in relation to the loss or theft.
It may he that a tachograph card is found at some stage after its apparent loss or theft. in which case the card holder must return it. If it is not physically in his or her possession, but has clearly been found, all reasonable steps must be taken to obtain and return it. If any tachograph card is damaged or malfunctions,the card holder must return it to the DVLA. Failure to comply with any of these requirements carries a maximum fine of I:5AX/ There is also a maximum fine of £5,000 if card-holder details cease to be correct and any corrections are not notified immediately, or a card holder does not surrender his or her card when required to do so. Where cards have been issued which wrongly identify the holder, or have been issued as the result of a false application, then these have to he surrendered. This also carries a maximum )25.000 penalty.
Procedure These provisions confirm the importance of operators having a really robust policy for the security of not only driver cards. but also their company cards.
There must be a clear idea of the procedure to be adopted if cards are lost, stolen, damaged or malfunction. Drivers — and indeed operators — who cause or permit offences will be liable to prosecution if they do not properly report the disappearance of cards and adopt the correct procedure.
The real danger for operators is failing to get to grips with card security. The motto:"No card, no job" must prevail. Drivers cannot lawfully drive a vehicle that is subject to the tachograph rules unless they insert their digital driver card. Even if they are driving an analogue vehicle, but have applied for and received a driver card, they must have it on them when carrying out their driving activities, because it must be produced at the roadside as part of the overall driving record.
Vosa has already started prosecuting offences that have been revealed by analysis of the data stored in digital tachos.We are seeing the first of these prosecutions and applying to Vasa for copies of the downloaded data on DVD. This is particularly important where the "till roll" printoff of digital data is insufficient to show what has actually been happening during the driving day.
rl'he new regulations should probably not be regarded as onerous — they are very similar to other provisions concerning driving licences and other documentation. Greatest care probably needs to be taken with regard to lost or stolen cards and possession of more than one driver card except where one has expired. • • Tim Ridyard, a solicitor and partner at Ipswich-based Barker Gotelee Solicitors, specialises in road-transport law.