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Police Law - Ninth Edition

Chapter 13 - Goods Vehicles

Chapter 13 - Goods Vehicles

European rules on drivers' records p 487

The Passenger and Goods Vehicles (Recording Equipment) Regulations 2005, SI 2005/1904 amend the Transport Act 1968 in consequence of the arrival of the 'digital tachograph'.

The 2005 Regulations, inter alia, insert new sections 99ZA to 99ZF into the Transport Act 1968. This has become necessary in consequence of the arrival of the 'digital' tachograph which 'stores' information (in a manner similar to a computer) as opposed to the analogue tachograph which 'records' information.

In consequence, the TA 1968 has been amended so that s 99 (inspection of records and other documents) is now only concerned with written records which are made on occasions upon which a tachograph becomes inoperable. The new sections added to the TA 1968 now deal with the inspection of records and other documents and data relating to tachograph recording equipment, powers of entry, evidential matters, offences of failure to comply with requirements made by an officer or obstructing an officer, and offences concerned with false records.

The nature of the offences which can be committed under the added sections are similar to those which were previously embraced within s 99 while recognising that the analogue tachograph traces its records on a disk inserted into a machine (whereas a digital tachograph 'stores' data in a similar way to that stored by a computer). However, it is useful to keep in mind that the offences created by these sections are, in character, the same in respect of both types of tachograph. The difference merely lies in the nature of the records kept and because of their nature, the means which must be employed to inspect and copy records.

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[Added September 2006] European rules on drivers' records p 487

The Passenger and Goods Vehicles (Recording Equipment) (Fitting Date) Regulations 2006, SI 2006/1117 amended the definition of the term 'the relevant Annexes' to read -

1. in the case of a motor vehicle put into service for the first time before 1 May 2006 means -
1. either Annex I or Annex IB to that Regulation; and
2. Annex II to that Regulation; and
2. in the case of a vehicle put into service for the first time on or after that date means -
1. Annex IB to the Regulation; and
2. Annex II to that Regulation.

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[Added September 2006] European rules on drivers records p 487

At the end of this section on p 490 immediately above the heading Part VI of the Transport Act 1968 insert the following new material -

[Added September 2006] Offences by identified holders of tachograph cards

Company cards, control cards, drivers' cards and workshop cards for use with digital tachographs

The Passenger and Goods Vehicle (Recording Equipment) (Tachograph Card) Regulations 2006, came into force on 21 August 2006. They make provisions in relation to company cards, control cards, driver cards and workshop cards used with digital tachographs which are fitted to new vehicles first used on or after 1 May 2006.

While the TA 1968, Pt VI is concerned with the various offences which may be committed in relation to record keeping, be it by analogue means or digital means, the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations 2006 are concerned with the misuse of the various types of 'cards' issued for use together with digital tachographs. The cards with which the 2006 Regulations are concerned are 'tachograph cards' which are smart cards intended for use with recording equipment and permit identification by the recording equipment of the identity (or identity group of the cardholder). They allow for data transfer and storage of information. The general term 'tachograph card' embraces cards of the following types:

1. a driver card,
2. control card,
3. workshop card, and
4. company card.

The driver card

This is a tachograph card which is issued by the authorities of a Member State to a particular driver. The card identifies the driver and allows for the storage of the activities of that particular driver. The 'continuous driving time' is computed within the recording equipment in relation to the particular driver since the end of his last 'availability' or 'break/rest period' or 'unknown activity', The computations take into account, as needed, past activities stored on the driver card. The amended Community Recording Equipment Regulation refers to 'over speeding' which occurs when the authorised speed of the vehicle is exceeded. It is defined as any period of more than 60 seconds during which the vehicle's measured speed exceeds the limit laid down for the setting of the speed limitation device as specified in Council Directive 92/6/EEC and such data will be stored on recording equipment.

The control card

This is a tachograph card issued by the authorities of a Member State to a national competent control authority. The card identifies the control body and may identify a control officer. It permits access to the data stored in the data memory or on driver cards for the purpose of reading, printing and/or downloading. Thus, control cards will be used by enforcement officers for the purpose of accessing information stored on a digital tachograph.

The workshop card

This is a tachograph card issued by the authorities of a Member State to a recording equipment manufacturer, a fitter, a vehicle manufacturer or workshop, approved by the Member State. A workshop card identifies the cardholder and permits access for testing, calibration and/or downloading of information stored on the recording equipment. 'Calibration' means updating or confirming vehicle parameters to be held in the data memory and this information includes numbers identifying the vehicle and the registering Member State.

The Company card

This is a tachograph card issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipment. It identifies the company and permits display, downloading and printing of the data stored in the recording equipment which has been locked by the company.

Drivers' cards (offences)

Regulation 3(1) creates offences of

1. using, attempting to use or being in possession of more than one driver card of which he is the identified holder;
2. using or attempting to use a driver card of which he is not the identified holder;
3. making with intent to deceive, a false statement, or forging or altering a document, for the purpose of obtaining a driver card;
4. using or being in possession of a driver's card issued in consequence of an application, with intent to deceive, a false statement or forged or altered document;
5. or using or possessing a driver's card which has been forged or altered.

The obvious exceptions are in respect of cards which will become time-expired within one month together with the card issued by way of renewal, or the holding of a time-expired card in combination with another card.

Workshop cards (offences)

Regulation 4(1) provides that a person commits an offence -

1. if he uses, attempts to use or is in possession of more than one workshop card of which he is the identified holder, or more than one PIN (personal identification number for use in connection with a workshop card) in respect of the same place of work;
2. if he uses or attempts to use a workshop card, or PIN, of which he is not the identified holder;
3. if he uses or attempts to use a workshop card or PIN, in circumstances unconnected with his place of work for which that card, or PIN, was issued;
4. if he makes a false statement or forges or alters a document, with intent to deceive, for the purpose of obtaining a workshop card or PIN;
5. if he uses or is in possession of, a workshop card, or PIN, issued in consequence of an application which included, with intent to deceive, a false statement or forged or altered a document;
6. if he uses or is in possession of, a workshop card, which has been forged or altered; or
7. if he divulges to another person, or permits another person to use, the PIN used in connection with a workshop card of which he is identified as the holder.

Regulation 4(2) creates offences of causing or permitting any use, alteration or possession of a workshop card or PIN, or the making of any false statement or forgery or alteration of a document.

The same defences apply in respect of workshop card offences as is the case with offences against reg 3(1) in relation to drivers' cards.

Regulations 5 requires written notification to be given to the Secretary of State, of lost and stolen cards and the return to him of any damaged or malfunctioning cards. Regulation 6 requires a card holder to notify the Secretary of State of any changes to details included on the card and to return the card to him for alteration.

Regulation 7 requires a person in possession of a tachograph card (company, control, driver or workshop card), to surrender to the Secretary of State a card on which the person using it is not identified as the holder; or which has been falsified; or which has been issued in consequence of an application which included a false statement or forged or altered document.