It is the responsibility of both drivers and their employers to ensure that they comply with the drivers’ hours and tachograph rules. The rules to which you will be subject depend upon where you were driving at the time, the type of vehicle you were driving and the type of driving you were doing. Within the UK either domestic or EU rules may apply, but if you are undertaking an international journey then either the EU rules or the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) may apply.

Currently, breach of the drivers’ hours rules can result in a fine of up to £2,500.00, whilst the penalty for failing to install or use a tachograph is a fine not exceeding £5,000.00. This applies to both the driver and to anyone whose orders the driver was following.

Deliberate falsification of tachograph records can result in up to two years imprisonment and/or a fine. Convictions of this nature may also be taken into consideration by Licensing Authorities when making the decision to grant or renew an operator’s licence or HGV driver’s licence.

keepmedriving can help you as either an employer/owner driver or as an employee when facing any such breaches or charges, including representation before the Courts and the Traffic Commissioners. There are a number of defences to breaches of the rules, some of which apply to employers and some to employees, and we can advise you as to these and ensure that if possible these are put forward to the Court or Authority.

For more information, or to speak to one of our solicitors, please contact keepmedriving either by completing the appropriate online information form which you will find in the Getting Help section, by requesting a free call-back using the free, no-obligation call-back form to the right or by phoning us during office hours on 084 4804 4804