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TACHO FINES
Page 49
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QOne of our drivers has been charged with falsifying a tachograph record. He has been told by a co-driver that it is better to be charged with not using a tachograph than to be charged with falsification. What do the magistrates usually do in such cases? BH, Leeds Ahave to be careful how I answer this or we could have a flood of vehicles driving around tacho-less.
Firstly, having spoken to your driver. I find he has been summonsed incorrectly but his ldvocate will sort that out at :he hearing.
One thing which he must inderstand is that falsification s an offence which is "triable :ither way". In other words, le has to elect to be tried tither by the magistrates or by jury in the Crown Court. If te elects to stay with the nagistrates they have, if he is onvicted, the ability to send inn to the Crown Court for entencing if they feel their powers are inadequate. 1 have never heard of them doing that, so my advice would be to stay within the magistrates. 'rhe level of fine a Magistrates Court can impose is 'level 5' (up to £2,000). However, if "on indictment" (Crown Court) it is two years' imprisonment • or an unlimited fine, or both.
As to the question of whether it is better to not use or falsify, I can only answer that by saying the offence of falsification falls under Section 99(5) of the Transport Act and attracts the above penalties, whereas failure to use comes under Section 97(1) of the Act and attracts a 'level 4' penalty maximum (E1,100) and stays in Magistrates Court.
If drivers attempt to deceive by either not using or falsifying they not only put their freedom at risk, but the Operators Licence of their employer. The simple solution must be: "Don't do it".
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