The consequences of manipulating the tachograph

Rules on working time of drivers have been introduced for the sake of safety and comfort of the drivers themselves, who, in the absence of such regulations would have to work under pressure often excessive expectations of employers, and where the safety of other road users. No one needs yet to convince, that tired after long hours of driving a truck driver makes a lot of danger on the road. Unfortunately, still there are cases of deliberate violations of regulations especially by manipulating or falsifying tachographs results of their work. This applies not only Polish but also in other European countries. Different countries, however, reactions to the findings in Poland and abroad.

The prison in the UK

Recently on the blog The Transport Law Blog devoted to a transport law in the UK I came across an article about the severe consequences of breaking the rules on working time, which met five British drivers. They were found traveling without sheets, tampering with the tachograph, to impair its function and reversing the clock, to falsify the results of the tachograph. Three were sentenced to jail absolute: 8 months for the fraudulent 38 records, 6 months for the fraudulent 19 records and 4 months for the fraudulent 9 records. Two drivers for the fraudulent 5 records each sentenced to three months' imprisonment suspended for two years and 150 hours of community service. Owner of the company employing drivers license taken away, and, moreover, deprived of the indefinite possibilities of recovery. Judgment caused quite a stir and certainly will reduce the number of people who attempted to break drivers' hours rules. The full text article can be found here.

In Poland, the fines ...

How can such a thing look like in Poland? In the popular consciousness breaking the rules on working time of drivers associated with financial penalties. Indeed, according to art. 92 paragraph. 1 Road Transport Act carrier violates the regulations on working time of drivers including those relating to the use of the tachograph rules is punishable by a sum of 50 do 15.000 zł. The amount of penalties is set out in Annex the bill. It provides for penalties for incorrect documentation of driver working time on the level of a few hundred gold for each correctly completed sheet to 10.000 zł for the use of equipment interfering with the tachograph. If the inspection reveals more than one defect, amount of fines imposed during one inspection may not exceed 15.000 zł during roadside checks and 30.000 zł during the inspection company.

In addition, the vehicle driver violates the provisions on working time of drivers be fined for 5.000 zł (do 10.000 zł for violations of digital tachographs). Drivers face fines but does not exclude a fine load carrier, unless the circumstances of the case and the evidence clearly indicates, entity engaged in the carriage that had no effect on the existence of the infringement. But even in this latter case, the carrier will not escape punishment, if the breach of the driver was glaring character, and in particular to jeopardize the safety of the road, or has been committed repeatedly.

…loss of license

If the carrier is flagrantly violated the rules on drivers' hours, competent authorities under art. 15 paragraph. 1 Item 2 e point of the Law on Road Transport withdraw the license. It must however be preceded by a written warning, that if the finding of a violation of these provisions shall initiate proceedings to revoke the license.

… but the prison

While carriers generally are aware of the consequences of manipulation of the recording equipment as working time for drivers and their results on the basis of the Road Transport Act in the form of fines and potential loss of license, in so much less is their awareness of the existing criminal liability for such actions. Meanwhile, both falsifying records of drivers' hours and tachograph to influence the work in such a way, would not register on time due, are offenses punishable by imprisonment endangered. In the case of counterfeiting or altering records will apply art. 270 Criminal Code which is, who is that in order to use it as authentic or counterfeiting or altering a document or that document as an authentic uses subject to a fine, restriction of liberty or imprisonment of 3 months to 5 years. And in the case of tachograph tampering is involved an offense under art. 315 k.k. imposing a fine, penalty of restriction of liberty or imprisonment up to 2 years for counterfeiting or forging legalized or assay measurement tool for use in business. The same penalty is also a threat to use such devices itself, in trade, and even store it for this purpose. Both offenses are intentional, which means, they can not be attributed to such. carrier, if you do not know, that the driver is using a prohibited device. These crimes, however, may be committed by both the driver and the carrier, especially in a situation where the carrier has recommended rework tachograph driver or make it yourself, and the driver knew of the illegal conversion of, uses the tachograph.

Polish practice

Reading the trade press shows, that the phenomenon of deliberate violations of regulations on working time of drivers are not rare in Poland. Road Transport Inspection found during the inspection the use of magnets interfering with the tachograph, attach additional devices to the tachograph, turning on and off by remote control tachograph, driving without inserting the tachograph record sheets, driving without a sealed tachograph. There were also record-retention drivers, who able to go through 49 h, which so astonished the inspectors, that have given the driver tested for drugs in blood (the negative effect).

What decisions in such cases take the Road Transport Inspection? In general these are the penalties for the carrier, often in maximum (15.000 zł at the roadside). Drivers are treated more leniently, and despite, that in most cases for their offense to a fine of risk 5.000 zł, shall be punished by criminal mandate of several hundred zlotys. Exceptionally, however incidentally, in case of tachograph tampering Road Transport Inspection shall notify the appropriate law enforcement authorities for committing offenses under Articles. 315 k.k. Such a situation obviously there, but this is an exception to the rule, which may give rise to astonishment, since, according to art. 304 § 2 Code of Criminal Procedure Inspection is required to notify the prosecution of the offense identified by their.

Inspection activity often is judged negatively by both carriers and drivers. Indeed, in some cases, its approach to the rules applicable to carriers is excessively formalistic. As can be seen, however,, in matters relating to the manipulation of tachograph occasionally reaches into the most radical measures, despite its burden in this respect the obligation. However consider, whether this attitude is improving safety on Polish roads.