Police back down
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• Police who wrote to a coach operator demanding tachograph charts by post have been accused of acting illegally by a transport solicitor.
Barry Prior of London law firm Wedlake Saint forced Warwickshire Police to admit they were wrong after they sent the operator notice that under Section 99 of the Transport Act 1968 "an officer may, by notice served in writing, require any person to produce for inspection any record sheet...which is required by regulations to be preserved..."
The letter went on to demand that all drivers' records for the fleet should be sent to the Warwickshire Police headquarters.
But according to Prior the Transport Act does not allow police to request tacho charts in this way: "An officer may visit an operator's premises and only take copies of tacho charts if he suspects an offence has been committed," he says. "The force were attempting to act illegally and get records in an underhand way," adds Prior. A subsequent inspection did not result in any action.
The force replied that Prior was correct in saying Section 99 does not provide for demanding tacho charts by post. It has now withdrawn its letter in its current form. A spokesman says he is aware that only the DTp is authorised to take away tacho charts, but after contacting Wedlake Saint and the coach operator he believes the incident has been "amicably resolved".
Transport lawyer Stephen Kirkbright says the incident is not isolated: he has defended a West Country haulier who was prosecuted after a similar approach and the case was dismissed. "Operators are ignorant of their rights," says Kirkbright. "They should respond by refusing to hand over tacho charts — let the police work out the law for themselves."