One for the legal eagles

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
61

Driving without a card in will result in much heavier fines than an interrupted daily break shown on the card.

The first thing a uniform usually does at a roadside check after taking out your card is download the data from the vehicle. And a comparison follows.

Interrupting a daily rest - an honest mistake
Driving without a card in - an attempt to conceal driving bent (in the eyes of the law).

Even if the spanish turn a blind eye (which they certainly do not), you’ll get done severely the day after in France. Stop with the bs please!

62

Roymondo:

cav551:
So is one able to insist upon ‘trial by jury’ for unreasonable charges like this. To be followed up if found guilty by send me to jail then and let the taxpayer fork out £900 or whatever a day to keep me there?

No. There is no option for trial by Jury for most minor offences (including the offences mentioned here).

Sent from my SM-G920F using Tapatalk

Strictly speaking, you could opt for a jury trial if being done for the offence of making a false record; but you’d be daft to and you’d really be upping the stakes with regards to your potential punishment:

The Passenger and Goods Vehicles (Recording Equipment) Regulations 2005:
99ZE Offences: false records and data etc.

(1) A person commits an offence—

(a)if he makes, or causes or permits to be made, a relevant record or entry which he knows to be false;

(b)if, with intent to deceive, he alters, or causes or permits to be altered, a relevant record or entry;

(c)if he destroys or suppresses, or causes or permits to be destroyed or suppressed, a relevant record or entry; or

(d)if he fails without reasonable excuse to make a relevant record or entry, or causes or permits such a failure.

(2) For the purposes of subsection (1) of this section a “relevant record or entry” is—

(a)any record or entry required to be made by or for the purposes of the Community Recording Equipment Regulation or section 97 of this Act; or

(b)any entry in a book, register or document kept or carried for the purposes of the applicable Community rules.

(3) A person commits an offence—

(a)if he records or causes or permits to be recorded any data which he knows to be false on recording equipment or on a driver card;

(b)if he records or causes or permits to be recorded any data which he knows to be false on any hard copy of data previously stored on recording equipment or on a driver card;

(c)if, with intent to deceive, he alters, or causes or permits to be altered, any data stored on recording equipment or on a driver card or appearing on any copy of data previously so stored;

(d)if, with intent to deceive, he produces anything falsely purporting to be a hard copy of data stored on recording equipment or on a driver card;

(e)if he destroys or suppresses, or causes or permits to be destroyed or suppressed, any data stored in compliance with the requirements of the applicable Community rules on recording equipment or on a driver card; or

(f)if he fails without reasonable excuse to record any data on recording equipment or on a driver card, or causes or permits such a failure.

(4) A person guilty of an offence under subsection (1) or (3) of this section consisting otherwise than in permitting an act or omission is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

63

We only have this blokes word that he went to the pub, he could have been in the back of the trailer handballing cases on, or sat polishing his nuts

64

This bloke went for a walk around central London, had 1 pint, then came back to his cab and was having a cup of coffee when he was asked to move. As I said in my original post, I won’t be paying this,my company will.

65

In short - you grassed yourself up .
Card was out - "I have no idea who was driving the truck- I was on a 9 or 11 hour break .I wasn’t there . I parked it up and went for a walk / get something to eat / chase naughty women and when I came back to the truck it had been moved "
You did their job for them instead of making them prove you moved the truck and not a shunter or another driver .

66

In my eyes a lorry driver is being punished severely for driving a lorry. He would have been in the clear if he had told a pack of lies about having friends down there etc. If he were a hooligan or vandal he would get away with out any consequences. The newbees should read this before paying for training.

67

alamcculloch:
In my eyes a lorry driver is being punished severely for driving a lorry. He would have been in the clear if he had told a pack of lies about having friends down there etc. If he were a hooligan or vandal he would get away with out any consequences. The newbees should read this before paying for training.

I totally agree. Read, realise if you run bent you can get fined. Then decide to run bent or not. If you do and get fined don’t complain.

All op had to do is say sorry on break can’t move. I would never park in someone’s yard witgout checking where. Once I have been told where im only moving for the police. They told me there if its wrong its their problem.