Tachograph check. How to avoid unfair penalties
A driver from the Polish transport company Adecon was asked to undergo a regular check during his trip to Slovenia. After a tachograph check, the driver was issued a fine of PLN 54,000 (EUR 12,500) for a tachograph-related offence. Experts explained how such penalties for unfair tachograph checks outside the country can be prevented.
During a regular roadside inspection, a second generation tachograph (Smart Tacho 2) was found to be faulty. Inspectors were unable to read data from this device due to the lack of compatible equipment that does not support the latest technologies.
"The checking customs service was most likely not equipped with a device for reading data from the latest generation of tachographs. In addition, we noticed an error code 39 on the tachograph printout. According to the VDO tachograph manual, this error does not affect the data recording and operation of the device at all. However, when the inspectors saw that there was an error, which I suspect they did not understand, they said that there was no data and they had not recorded it in the tachograph. We were fined for the lack of data for 17 days" - Kamil Linke, Adecon fleet manager
Thus, the outdated control equipment was unable to read the information from the modern tachograph. As a result, the inspectors found the violation, issued a fine and temporarily confiscated the car's documents until the fine was paid. The driver tried to present printouts with tachograph data, but the inspectors did not accept them without checking the data for compliance.
It turned out that Adecon had the tachograph data split into four files, sent by week. However, timekeeping software such as 4Trans failed to combine these files into summary information. As a result, inspectors identified missing data for 17 days and fined the company. The fleet operator offered an interim solution by sending the inspectors the raw time reading files to download and check them on their own equipment.
"In Slovenia there are eight days to appeal against a fine. The best trick is that if you don't appeal within eight days of the offence, there is a so-called action. It consists of the services not levying the second half of the fine. They only need one instalment as long as we don't appeal. I have it all written down in their documents translated by a sworn translator. So this isn't a joke. Looks like they were counting on our naivety. That we'd give up and just not appeal. In this way they would have earned half of our fine, i.e. about 27 thousand PLN" - Kamil Linke, Adecon fleet manager
Drivers who find themselves in a similar situation are advised to co-operate with the authorities and show them all the documents they request. In the event of a lengthy inspection, the driver should immediately contact their supervisor. If a fine is issued for missing data, tachograph printouts must be presented and data readings sent, provided the inspectors show goodwill and provide an email address. One of the most important points is also to contact the tachograph service immediately after returning the vehicle. By doing so, the website will provide documentation that will allow the fine to be appealed.
The carrier, on the other hand, should immediately determine the cause of the problem so that action can be taken as soon as possible. In the case of fines and administrative penalties, time is critical. Gathering evidence in the form of photos, correspondence and tachograph data is also an important time to describe the situation and prove the case. If the haulier is right and reacts in time, he can avoid a fine.
