Tachographs record information about a vehicle’s driving time, distance, and speed. For fleet managers, this makes it easy to ensure that their drivers follow the law on the number of hours they drive.
There are certain rules and regulations when it comes to tachograph use. Read our essential introduction to tachograph calibration rules here.
This post is a guide to the various tachograph infringement codes, and what they mean.
If you have any questions about your legal duties as a driver or fleet manager, call our commercial insurance experts on 020 8290 9099, or email commercial.motor@anthonyjones.com.
Tachograph Infringement Codes
In the UK, there are a number of different tachograph infringement codes, each referring to the maximum penalty a court of law can impose following a conviction. The most important infringement codes to be aware of are Level 4 fines and Level 5 fines.
Level 4 Tachograph Infringements
Level 4 tachograph infringements include:
- Failing to make or keep records under the GB rules.
- Failing to observe driving times, break, or rest period rules. Read our full guide to these rules here.
- Failing to take reasonable steps to ensure the fleet’s contractually agreed time schedules in respect of the EU rules.
Level 4 Fines
Fines for these infringements are capped at a maximum of £2,500 per infringement. So it’s possible to rack up multiple Level 4 infringements and receive the maximum penalty for each one.
Level 5 Tachograph Infringements
Level 5 tachograph infringements are reserved for fleets or drivers who fail to install a tachograph in the first place. Or, for those who install a tachograph, but do not use it.
Failing to hand over tachograph records when requested to by an enforcement officer will also incur a Level 5 tachograph fine.
Level 5 Fines
Fines for these tachograph infringements are capped at £5,000. Just as with Level 4 fines, the cap is for each separate infringement. So once again, it’s possible for a fleet or a driver to rack up multiple fines for multiple Level 5 infringements.
Other Tachograph Infringements
The most severe penalties are reserved for infringements involving the deliberate tampering, manipulation, or damaging of a tachograph. For example, falsifying or altering a tachograph record, or altering or forging a tachograph’s seal.
For these infringements, courts of law can impose a Level 5 fine, capped at £5,000 per infringement. However, they can also impose two year prison sentences either on top of, or instead of, the fines.
How to Avoid Tachograph Infringements
Depending on the infringement, either the driver or the employer will be held liable for a tachograph infringement. Drivers have a duty to use their tachographs correctly and in line with all relevant legislations. But at the same time, fleet managers also have a duty to ensure that their fleets satisfy all regulations, and that all of their drivers are regularly trained on correct tachograph use.
In a future post, we’ll discuss how you can design and implement an effective Tachograph Infringement Policy for your fleet, which will help you ensure that you maintain best practice across your entire operation.
But until then, you can read our guide to correct tachograph calibration for an essential introduction to your key responsibilities as a fleet manager. And if you have any questions about your legal duties as a driver or fleet manager, call our commercial insurance experts on 020 8290 9099, or email commercial.motor@anthonyjones.com.
