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Magistrates decide an incomplete chart is a false chart
Page 32
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A DRIVER was ordered to pay fines and costs totalling £580 after being convicted by the Leyland magistrates of falsifying a tachograph record by omitting to fill in the chart on a 300-mile journey.
Adrian Campbell, of Newry, Co Down, had denied falsifying a tachograph record. He pleaded guilty to exceeding the daily driving limit and taking insufficient daily rest.
Prosecuting for VOSA, John Heaton said that Campbell, who was driving for Dumfries Freight, of Newry, was stopped in a check at Cuerden. Campbell's tachograph chart appeared to show that his vehicle had been stationary for the last five hours — the 315 miles he had driven from South Mimms had not been recorded on the chart.
Defending, Ian Whalley argued that the record could not be false as the centre field had not been completed.There was no finish date, odometer reading or location entered.A record that was incomplete could not be false.To falsify a chart a driver had to do something positive. it was not a case where the tachograph had traced a false distance. There was nothing on the chart that conflicted with the trace.The evidence possibly amounted to an attempt to falsify a record but that was not what Campbell was charged with.
Heaton maintained the record was false in the sense that it was incomplete. "False" was clearly to be equated with "intention to deceive".
The magistrates found Campbell guilty of the false records offence.'They tined him £330 with £250 costs.