Hi I wonder if anyone can help me my husband got stopped by VOSA in January and we have just receiced a letter saying they taking him to court…He was driving over his hours and put his tacho forward…these are the things they taking him to court for Section transport Act 1968 992 E (1)(a) also (2)(a) and 4 …has anyone got any ideas what sort of thing will happen i.e fine ban etc…he held up his hands and said he had done wrong etc…VOSA only took two Tachos and never asked for no more also my husband has clean licence and is 44 and never had any problems before …please could someone give us an idea of what will happen xxxx
Not sure exactly what those various sections are but altering the clock would I think come under falsifying records and/or failing to use the recording equipment properly and falsifying records is a Level 5 offence which carries a maximum penalty of up to a £5000 and can also result in up to two years in prison. That’s the maximum which would generally be for the most serious offences and I wouldn’t think your husband would get anywhere near the maximum. I would think he is looking at a fine and possibly suspension of his licence for a period.
If you are going to exceed the hours it is always better to just leave the tacho as it is, no clock winding, pulling fuses or attaching magnets, and record the offence on the chart/digi card as the penalties for exceeding driving time and so on are far less than those for falsifying records.
where did this happen? i ask because scotland laws are diff to englands
i got done a couple of mths ago for having a 25min break instead of a 30min and i got a £400 fine for this (but no points), but winding the clock on will be dealt with a lot harsher.
steve
Coffeeholic:
Not sure exactly what those various sections are but altering the clock would I think come under falsifying records and/or failing to use the recording equipment properly and falsifying records is a Level 5 offence which carries a maximum penalty of up to a £5000 and can also result in up to two years in prison. That’s the maximum which would generally be for the most serious offences and I wouldn’t think your husband would get anywhere near the maximum. I would think he is looking at a fine and possibly suspension of his licence for a period.If you are going to exceed the hours it is always better to just leave the tacho as it is, no clock winding, pulling fuses or attaching magnets, and record the offence on the chart/digi card as the penalties for exceeding driving time and so on are far less than those for falsifying records.
Wot he said…
If proven then a false record = criminal record.
gilberts100:
Hi I wonder if anyone can help me my husband got stopped by VOSA in January and we have just receiced a letter saying they taking him to court…He was driving over his hours and put his tacho forward…these are the things they taking him to court for Section transport Act 1968 992 E (1)(a) also (2)(a) and 4 …has anyone got any ideas what sort of thing will happen i.e fine ban etc…he held up his hands and said he had done wrong etc…VOSA only took two Tachos and never asked for no more also my husband has clean licence and is 44 and never had any problems before …please could someone give us an idea of what will happen xxxx
tea and biscuits with the traffic commisioner??
If you read some of the reports on roadtransport.com about drivers who have been found guilty of falsifying records you often see short prison sentences imposed but then suspended for a year or two and also community service orders in the region of 100-150 hours handed out in addition to fines of varying amounts. You will see reports of drivers, and bosses being actually sent to prison for the offence but that is generally for multiple offences over a long period rather than what appears to be a single occurrence in this case.
Thank you all so much for the replys the offence took place in Isle of grain thames porte …im even more worried now…we cant really afford a solicitor my husband and is hopeing to hold his hands up and hope really …thanks again
Is your husband a member of a Trade Umion?. If he is, he needs to get in touch with them ASAP.
If he is not, then I suggest that you get in touch with your nearest Citizens Advice Bureau. There, he should be able to get a Free half hour with a Solicitor. If he does manage to get this , ask them if it is possible to get one who is conversant with the Road Traffic Act ,as it applies specifically to HGV Drivers. You may be lucky. If your husband does get to see a solicitor, make sure that he takes the letter informing him of the charge(s) that he is facing, with him to that meeting.
If he has already admitted the offence(s) to VOSA when he was stopped, which amounts to pleading Guilty to the Charges which he is facing , it is unlikely that any solicitor will be able to change that. It might just get the Magistrates to be be a bit more lenient towards him, when they make their judgement. They will possibly ask why he did what he did. He needs to have a well rehearsed statement to make in response to that question. Pressure from his employer, if that was the case. Pressure from yourself to get home due to an unforeseen domestic problem, which made him make a rash decision to “take a chance”. Accompany him to the court, in case you are asked to corroborate his claim. Remember to make sure that you both tell exactky the same story, even under pressure.
Other than that, all I can do is give you both my very Best Wishes. Good Luck.
VOSA only need to take two tachos off him - the employer has to keep 12 months and they could have written to the employer demanding the 12 months charts for him. So you may find that if he’s done this a lot it then if its not a custodial sentence it could be an extremely substantial fine plus loss of licence and the Traffic Commissioner would likely remove HGV entitlement with him having to go before a board at some further date to explain that he is then of “sufficient good repute” to get the permission to apply for a HGV licence again. Either way, its going to be a hefty fine and probable temporary suspension of licence at the least. In short, budget for him losing his job.
The fact he has a clean licence is of no relevance whatsoever.
He will also have to declare the offence in any job application where it asks if you’ve any convictions and it’ll show up in a standard CRB check for 7 years and an enhanced CRB check for life.
You really do need a solicitor if just for damage limitation and may get one on legal aid.
Working all those extra hours it seems odd you can’t afford a solicitor.
If he has been set unrealistic schedules and/or coerced into doing this then his employer (O license holder) is jointly liable & should at least contribute to the cost of a solicitor.
I suspect he might be an owner driver? In which case, excepting exceptional circumstances, there’s no excuse other than greed.
Good luck.
The sections of the Transport Act you quote deal with ‘false records’ which is what you have described happened with the ‘winding the clock forward.’
As others have already said if found guilty (or pleads guilty) then the maximum sentence may be a fine not exceeding £ 5000 and/or a prison term not exceeding 2 years. VOSA will also apply for costs, which may run to a few hundred and then there’s the £15 victim surcharge 
OK, that’s the worst case scenario. Usually the fines are around a couple of hundred (although that’s bad enough) for a first offence and a guilty plea, very rarely do custodial or community service get awarded in such cases. Your husband really needs to get some decent legal advice concerning this matter. As the offence carries the possibility of a custodial sentence he should be able to get the duty solicitor at Court to help. Word of warning, they’re often not up to speed with motoring matters, particularly tachos and drivers hours so hubby may be best to see somebody before the day.
Two things to remember; make sure he fills in the financial statement as the fine will be based on the money left over after paying mortgage, utilities, etc etc. Secondly, if convicted or pleads guilty make sure he writes to the TC to tell them of the outcome of the court case. He may well be invited to discuss the matter at a driver conduct hearing, it will not be pleasant, but it will be far worse if the court tells the TC and he doesn’t.
gilberts100:
Hi I wonder if anyone can help me my husband got stopped by VOSA in January and we have just receiced a letter saying they taking him to court…He was driving over his hours and put his tacho forward…these are the things they taking him to court for Section transport Act 1968 992 E (1)(a) also (2)(a) and 4 …has anyone got any ideas what sort of thing will happen i.e fine ban etc…he held up his hands and said he had done wrong etc…VOSA only took two Tachos and never asked for no more also my husband has clean licence and is 44 and never had any problems before …please could someone give us an idea of what will happen xxxx
A lot of assumptions are being made in this thread but the advice given is good nonetheless. Unless we know what all the offences are and how much he has taken the ■■■■ then it’s impossible to say what the outcome will be. Certainly falsifying tacho records (ie. winding the clock on) is a BIG no-no and he can expect to have a very large book thrown at him for that one, but if there are other offences as well like you suggest then I’d agree that he’ll be lucky if he comes away with his licence, but he might just get away with it if it’s a first offence. You should be prepared for a suspension though and consider it a lucky bonus if he doesn’t get one.
“Angelic” would never be a word to describe me when it comes to obeying rules and regs 
, but if you do the crime you’ve got to be prepared to do the ‘time’ and this one’s come back to bite him on the arse. You need to be getting your damage limitation sorted out right now, ie. your bloke getting his CV in ship shape and put in some envelopes applying for non-driving jobs, also getting your ‘emergency’ fund pot topped up because with the jobs market as it is it could be some time before he manages to get a job elsewhere. 
hi thank you all so much for your responces my husband has been driving years and never been pulled over for anything or done anything like this . we are struggling finacial and that was what the pressure was if the load was not brought back he would not have had work the following day and then not get paid …also they have been down to his employer and they have told them it was all there fault pressuresing him to worketc and it is there fault and he is a good driver etc never done anything like this beofre and we are on so so money but because my husband was married before we are still paying a hell of a lot of debts and worrying about this is not helping him …thank you all for taking the time to respond i will look into getting a solicitor x
hi Gilberts100,
i have just been up to court for the winding on of my tacho, (not the best moment of my driving career) personally speaking, get yourself a good transport solicitor, Also do a get a statement of mean form, and fill that in with your weekly/monthly incomings/outgoings etc, as the magistrate will wont to see that so can decide on what the fine will be, In my own case vosa where looking at costs of £1000 an £600 per offence (2 offences) the magistrate after reviewing my finances decided to half everything, and gave me 6months to pay. That is the good news, the bad news is as already stated a prison term of maximum 2 years, very unlikely, as most the cases of drivers going to prison are own drivers who do it 4 financial benefit, or drivers who have committed 5/6+ offences, (from ex court cases my solicitor showed me)
gilberts100:
my husband has been driving years and never been pulled over for anything or done anything like this . we are struggling finacial and that was what the pressure was if the load was not brought back he would not have had work the following day and then not get paid …also they have been down to his employer and they have told them it was all there fault pressuresing him to worketc and it is there fault and he is a good driver etc never done anything like this beofre and we are on so so money but because my husband was married before we are still paying a hell of a lot of debts and worrying about this is not helping him …
That bit would be best kept under your hat, if you tell the court what you have written in open forum, the fines could easily rise and make you much worse off. As said my many folks, do the financial statement, wear your best frock and him his best cap and hope you get three magistrates who live in the same world as you and I. x
hi thank you all agian
i am going to get legal advice now also andy did you get a ban ■■?
thanks
Driveroneuk:
Working all those extra hours it seems odd you can’t afford a solicitor.If he has been set unrealistic schedules and/or coerced into doing this then his employer (O license holder) is jointly liable & should at least contribute to the cost of a solicitor.
I suspect he might be an owner driver? In which case, excepting exceptional circumstances, there’s no excuse other than greed.
Good luck.
Wind your neck in, you knew nowt about their personal situation at the time you posted. The pressures of financial problems can make people take that extra risk.
What he needs to do is work for a company that give you a salary, you are then gauranteed an income so you can begin to get your finances in order.
gilberts100:
hi thank you all agiani am going to get legal advice now also andy did you get a ban ■■?
The ban comes further down the line. He will have to inform the Traffic Commissioner about the conviction at which point he will be invited to attend a hearing with the TC and a ban may be imposed then. When your husband gets convicted he must inform the TC because if he doesn’t and the TC then hears about it through other channels, which he will, the punishment will be more severe, longer ban for example.
Hi All
Just to let you all know my husband was up in court yesterday for the driving over hours and moving tacho forward affence and he was a very lucky man The magistrates were very understanding and took into account his clean licence and never been in trouble and also reference from his boss and a copy of all our in and out goings … My husband keep his licence no points etc and a fine including court costs and prosecutor costs of just 615.00 and we pay this of weekly … I would like to thank everyone that has answered and quieres i had …
gilberts100:
Hi AllJust to let you all know my husband was up in court yesterday for the driving over hours and moving tacho forward affence and he was a very lucky man The magistrates were very understanding and took into account his clean licence and never been in trouble and also reference from his boss and a copy of all our in and out goings … My husband keep his licence no points etc and a fine including court costs and prosecutor costs of just 615.00 and we pay this of weekly … I would like to thank everyone that has answered and quieres i had …
That’s not a bad outcome given the circumstances. However his licence is not safe yet, remember he must inform the Traffic Commissioner of the outcome of the case and will probably be invited for a meeting were he might still lose his LGV entitlement for a period. As stated earlier in the thread he must inform the TC because if he doesn’t and the court do then it will be worse for him.