Tachograph Infringements, like the violation of driving and rest time regulations, are severely fined. Abuse or misuse of the tachograph rules is also punished with heavy fines. Unfortunately, many violations are still being committed. Sometimes consciously, but also very often unconsciously. With a regular check by the control body, the total penalty charge can quickly rise to many thousands of euros. Below is an overview of the possible violations and associated fines.
Maximum fines tachograph infringements
The exact punishment depends on the severity of the infringement. There is no time limit set for investigations into tachograph falsification, whereas infringements in the driver hours offenses can be investigated up to 6 months. The calculation of the fines is conducted proportional to the seriousness of the infringement.
|Tachograph Infringement||Maximum Fines|
|Failing to observe driving time, break or rest period rules||Fine upto £2,500 (Level 4)|
|Failing to make or keep records under British domestic rules||Fine upto £2,500 (Level 4)|
|Failing to install a tachograph||Fine upto £5,000 (Level 5)|
|Failing to use a tachograph||Fine upto £5,000 (Level 5)|
|Failing to provide records with relation recording equipment as requested by an enforcement officer||Fine upto £5,000|
Tachograph Manipulation Penalties
|False entry or alteration of a record with the intent to deceive||on summary conviction, fine of £5,000; on indictment, two years’ imprisonment|
|Altering or forging the seal on a tachograph with the intent to deceive||on summary conviction, fine of £5,000; on indictment, two years’ imprisonment|
|Failing to take all reasonable steps to ensure contractually agreed transport time schedules are compliant with EU rules:||maximum fine £2,500 (Level 4).|
How long do tacho infringements last?
If you’re wondering how long tacho infringements last, the straight answer is that there is no limit and as stated above; driver hours offences can be investigated up to 6 months. There are however different levels of infringements, where a level 5 infringement is the highest. Depending on the severeness of the infringement it can include a maximum of 2 years imprisonment.
Who Is Responsible?
Companies and drivers are held liable for tachograph infringements. Actions against the fleet manager can occur in cases where there is proof that they did incentivize the infringements (e.g. through payments), that the work was not properly scheduled and organized, that the driver was not properly instructed and that there was no proper system of regular checks in order to ensure that the drivers did not exceed the driving time. Prosecution for fleet managers can also follow when they do not address repeated tachograph infringements by a particular driver. Fleet managers have 21 days to address the concerns raised and they will be informed by the latter in form of rectification notes (infringements that are not related to safety). Drivers have up to 28 days to react from the moment any fixed penalty was issued to them. Additionally, they can also receive a prohibition note that does not allow them to drive until the conditions stated in the note have been satisfied. The offence will also be prosecuted in the case of a prohibition note.
Tachograph Infringements Insight
The risks on fines are high and getting higher every year. But in most cases, the employer wasn’t even aware of the fact that infringements are made. Or even worse: the tachograph archive was not complete.
FleetGO helps companies with this problem by offering a fully automated tachograph download solution and an integrated tachograph analysis tool. With this unique combination in one platform, companies can reduce up to 90% of the time spent on tachograph compliance and reduce the risk on fines.
Data is sent via our control unit directly into the platform. All files are checked on completeness and integrity so you know for sure if your archive meets the EU-regulations. The process of collection and storage of the .ddd files becomes easier than ever before.