Michael Robinson is a specialist criminal law litigator and advocate.
If you are facing prosecution for a tachograph offence, Emmersons Solicitors Motoring Law Experts based in Sunderland and Newcastle, can help you. We understand how difficult it is for you to deal with defending such a legally technical offence.
Contact us first so that we can help you to decide what to do next, whether you are an individual or a company.
Legislation was introduced in 2007 to ensure that driving time was monitored in certain vehicles and this is monitored by a tachograph. Although this system has been in place now for over seven years, £2.5 million in fixed penalties were collected for tachograph offences in 2011, which shows that these offences are still common.
A tachograph monitors and records the speed of the vehicle and also shows when it is moving and when it is stopped. It is used to monitor and enforce working hours for drivers.
Vehicles which must have a tachograph are heavy goods vehicles which are over 7.5 tonnes, any vehicles which carry over 12 people and buses.
A tachograph must record:
If you are an individual who is convicted of a tachograph offence, the penalties are a prison sentence of up to two years and the possibility of an unlimited fine.
If you are a business who has not complied and fitted a tachograph to your vehicles the fine you will face is up to £50,000.
Driving time is recorded by the tachograph (or manually if the equipment is broken). Once you have started driving you will be bound by EU rules of driving time, break time and rest time for that day and also for that week.
You are allowed to drive for no more than 9 hours a day. This can be stretched to 10 hours a day, twice a week. For the purpose of the legislation, a week starts at 12am on Monday mornings.
Whilst you are allowed to drive for 9 hours, you cannot drive for more than 4.5 hours in one go. You will then have to take a break of 45 minutes in one go, regardless of how many hours you have left.
Our team is experienced in dealing with tachograph offences and we can help you, whether you are a company or an individual.
We do work on a fixed fee basis so you can instruct us safe in the knowledge that you will not face a large legal bill.
We’ll discuss your situation with you in detail and help you to understand your position legally without using technical legal jargon. We consider all possible defences on your behalf to help you keep your licence and your livelihood.
Why not contact us for an initial meeting to see how we can help you. Call us today to discuss your situation on 0191 567 6667.
Ask for Michael Robinson or Clark Robinson.
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