Who can check your tacho?

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

I remember a while ago someoneposted on this site saying a Police officer doesnt actually have the right to check your tacho can anyone confirm this or is just bovine excretia?.

2

I am sure that ,you will find that the officers of the law enforceing

establishment are quite with in there rights to check your Tacho mate

3

I found this.

A Police Constable in uniform has the power to stop a vehicle in accordance with Section 163 of the Road Traffic Act 1988. Which states on being required to do so a driver MUST stop. Section 99 (I) Transport Act 1968 deals with Inspection of records and other documents and states:

In this section an officer means (an examiner appointed under section 66A of the Road Traffic Act 1988) and any person authorised for the purposes of this section by the traffic commissioner for any area.
These powers apply to a Police Constable in uniform, who shall not, if wearing uniform, be required to produce any authority.

  1. An officer, may on production of his authority (if requested) require any person to produce, and permit him to inspect and copy
    a) Any book, register, or record sheet which the driver is required by the regulations to carry or have in his possession or preserve.
    b) If that person is the owner of a vehicle to which this Part of this Act applies, any other document of that person which the officer may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Part of this Act or of regulations made thereunder have been complied with.
    And that record sheet, chart or documentation shall if the officer so requires by notice in writing served on that person, be produced at the office of the traffic commissioner specified in the notice within such time (not being less than ten days) from the service of the notice.

  2. An officer may on production of his authority if so required, At any time enter any vehicle and inspect the vehicle, and any recording equipment installed in-it and inspect and copy any record sheet produced by the equipment or any record sheet on which an entry has been made.

At any reasonable time with regard to the circumstances of the case, enter any premises where such a vehicle is kept or any record sheets, books, or registers are kept and inspect and copy any such record sheet, etc, he finds there.
He may also enter any vehicle on those premises.
In order to obtain such information an officer may detain the vehicle in question for such time as is necessary for the exercise of that power.

Any person who;
a) Fails to comply with any requirement under this section, OR
b) Obstructs an officer in the exercise of his powers under this section Shall be liable on summary conviction to a fine.

Any person who makes or causes to be made any record I entry on any sheet, or register which he knows to be false, or with intent to deceive alters or causes to be altered any such record or entry shall be liable

a) On summary conviction to a fine.
b) On conviction on indictment to IMPRISONMENT for a term pot exceeding 2 years.

If an officer has reason to believe such an offence has been committed in respect of any such record he inspects he may seize that record or document. ( includes tachograph charts)

4

In answer to the question; a police officer, an examiner appointed by the Secretary of State for Transport (VOSA Traffic Examiners and Vehicle Examiners) and people appointed by the relevant Traffic Commissioner.
However; does the person know what they are looking at? In the case of Traffic and Vehicle Examiners, person appointed by the TC and Traffic Police I would say the answer is certainly YES. However, the average beat manager or panda driver may not.
Remember to ask NICELY that whoever requires you to withdraw the record from the tacho instrument SHOULD mark the chart to that effect. But if they know what they are doing they will have probably written on the chart before you have asked.

5

Ok thats that one answered looks like i was told wrong by someone.

I can remember a mate of mine who used to drive a concrete pump ( tacho exempt) being pulled by the old bill and asking to see his tacho as he wanted to show it to a junior officer apparently he was quite gobsmacked when my mate told him he didnt need one in that truck, i bet the junior officer had something to laugh about that night :slight_smile:.