Tacho chart seizure
Page 20
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Having represented our clients MJ & PJ Rayner, t/a Arts International, before Lewes magistrates court through counsel on 13 January, I feel that I should comment on the decision of the magistrates and the nature of the prosecution (GU 23 February-1 March).
I concur entirely with the comment made by transport lawyer Stephen Kirkbright in the footnote to the news item, when he said only the licensing authorities are empowered to seize tacho charts—not even the police have this right.
It remains my view that the power of the police and the Vehicle Inspectorate to remove original records or tachograph charts is set out in Section 99(1) of the Transport Act 1968 which limits the obligation upon the operator to producing charts to an authorised officer and allowing that authorised officer to inspect and if necessary copy the documents which are produced to him.
It is not accepted that the section gives to the authorised officer the right to remove charts unless the officer has reason to believe that the documents are false or that they have been altered with intent to deceive. Subsections (5) and (6) of Section 99 of the Transport Act clearly cover this point.
Counsel on behalf of the VI argued before the magistrates that Article 14(2) of EC Regulations 3821/85 gave to the VI the right to override Section 99 and to demand that charts be handed over.
It was and will remain my contention that in so far as there is a conflict between Article 14 and Section 99 then the conflict should be resolved in favour of the individual.
The magistrates retired for
some time and then convicted the operator of failing to hand over charts to the VI but gave no reason for their decision.
It is understandable that in view of the fact that the magistrates decided to impose only an absolute discharge upon the operator that the operator did not wish to appeal against the decision.
It is perhaps a matter of regret and comment that although throughout the matter the operator cooperated with the VI by producing to the traffic examiner all of the tacho charts requested and by offering to the VI facilities to
inspect the charts at its premises and assistance in taking photostat copies if the VI so wished, the VI chose to issue the proceeding&
Al] involved with the transport industry will wish to support the enforcement agencies in their endeavours to maintain vehicle and driver safety, but unfortunately the above case is just one of many recent examples which we have encountered of over-reaction on the part of the VI when their actions are brought into question.
Barry Prior Wedlake Saint, London.