Falsifying drivers’ records and tachographs
Produced in partnership with 18 Red Lion Court
Falsifying drivers’ records and tachographs

The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:

  • Falsifying drivers’ records and tachographs
  • The offence of falsifying or altering records
  • Elements of the offence of false records or entries
  • Aiding and abetting the commission of the offence
  • The power to obtain records
  • Defences to a charge of false records or entries
  • Sentence

The offence of falsifying or altering records

It is an offence for a person to make, or alter, any record relating to driver’s hours that is required to be made for the purposes of regulations under the Transport Act (TrA 1968).

This is an either way offence which can be tried in the Crown Court of the Magistrates Court.

The purpose of the legislation is to regulate the hours of work by drivers of goods vehicles and passenger carrying vehicles in order to protect the public against the risks which arise when such people suffer from fatigue.

Elements of the offence of false records or entries

The prosecution must prove:

  1. a person

  2. makes or causes to be made

  3. an entry in a book, register or document

  4. which he knows to be false, and

  5. the book, register or document is carried for the purpose of the Drivers’ Hours (Goods Vehicles) (Keeping of Records) 1987 Regulations

OR:

  1. a person

  2. with intent to deceive

  3. alters or causes to be altered

  4. any record or entry in a book register or document, and

  5. carried for the purpose of the Drivers’ Hours (Goods Vehicles) (Keeping of Records) 1987 Regulations

Meaning of ‘person’

A person includes a corporation, thereby imposing a liability on employers as well as individuals.

A company will be guilty of an offence if knows