Conditional Discharge for Driver following 12 offences of Failing to Make a Proper Record

Millicent Dooher, barrister, represented this HGV driver before the Magistrates’ Court following 12 offences of failing, without proper excuse, to make a record of his journeys. This offence was charged under s.99ZE, and as such is an either way offence, carrying up to 2 years custody for each offence.

Millicent was able to convince the Magistrates to keep the matter in the Magistrates’ Court, limiting the sentencing powers to just a fine. The Magistrates then heard the mitigation, including the circumstances of the offences and the actions the driver had undertaken following the stop. The Court determined that it was appropriate to impose a conditional discharge for the offences for a period of 6 months.

Tachograph offences are seen as extremely serious. Where they are either way offences they can be dealt with in the Magistrates’ Court or the Crown Court: the sentencing in the Magistrates is limited to a fine, but at the Crown Court, can carry up to 2 years custody. Get it touch with one of our lawyers today to see if we can help you navigate any tachograph charges.