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

The following Corporate Crime practice 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
  • Meaning of ‘person’
  • Meaning of ‘makes or causes to be made’
  • Meaning of ‘permit’
  • Meaning of ‘relevant record or entry’
  • Meaning of ‘knows to be false’
  • Meaning of ‘intent to deceive’
  • Meaning of ‘alters or causes to be altered’
  • More...

Falsifying drivers’ records and tachographs

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 order to protect the public against the risks which arise when such people suffer from fatigue.

It is an offence for a person to make, or cause to be made, any written record relating to driver’s hours which is required by TrA 1968, s 98 which they know is false or, with the intention to deceive, to alter (or cause to be altered) any such record.

It is also an offence under TrA 1968, s 99ZE(1) for a person to:

  1. make or cause to be made any relevant record or entry which they know to be false

  2. alter or cause to be altered any relevant record or entry with the intention to deceive

  3. destroy or hide or cause to be destroyed or hidden any relevant record or entry

  4. fail to make a relevant record or entry without reasonable excuse, or causes or permits such

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