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

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

  • Falsifying drivers’ records and tachographs
  • The offence of falsifying, altering or failing to make required records
  • Key definitions
  • Aiding and abetting the commission of the offence
  • The power to obtain records
  • Defences to a charge of false records or entries
  • Sentence

BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—introduction to the Withdrawal Agreement. The sections of the Transport Act 1968 referred to in this Practice Note are subject to amendment by the Drivers’ Hours and Tachographs (Amendment etc) (EU Exit) Regulations 2019, SI 2019/453. Where relevant amendments are already in force, these have been incorporated below. The amendments in SI 2019/453, Pts 3 and 4 come into force at the end of the implementation period (IP completion day) unless amended or revoked during the negotiations on the future relationship between the UK and the EU.

The offence of falsifying, altering or failing to make required records

There are a number of offences contained within the Transport Act 1968 (TrA 1968) relating to the falsification of drivers’ records and tachographs which have been supplemented over the years to account for the advancement and digitalisation of the regime for recording drivers’ records. The purpose of the legislation is to regulate the hours of work by drivers of goods vehicles and passenger carrying vehicles in