There are frequently cases of tachograph manipulation in global road transport, which are treated as serious offences in the face of strict EU legislation. Although technology is constantly developing, and fresh regulations place expanding work on carriers, there are inactive incidents involving violations of the working and remainder rules of drivers. 1 specified case is simply a communicative related to Mercedes Actros MP2 which the driver tried to fool the strategy utilizing a magnet for a tachograph.
Detention in the Rhine Village
The Mercedes-Benz Actros MP2, a ‘burtofiranka’ semitrailer tractor, was stopped by the Provincial Inspectorate of Road Transport in Opole, in the village of Reńska Wiś, close Kędzierzyn-Koźla. It is simply a place where 3 national roads intersect: Nos 38, 40 and 45, making them a strategical point on the Polish transport map. WITT inspectors, paying attention to the way the vehicle was driven, decided to carry out a check which rapidly revealed the irregularities.
The inspection showed that the vehicle was carrying intra-EU transport from Slovakia to the Netherlands. At first glance, the inspectors drew attention to the tachograph charts. They were sufficiently disturbing that it was essential to analyse the situation more closely. After a brief investigation, the driver himself admitted to manipulating – in order to disrupt the device, he utilized a magnet at the pulser.
Legal implications for the carrier
Tachograph manipulation is simply a serious violation of the law, which is subject to severe financial penalties. As a consequence of the inspection carried out, inspectors initiated administrative proceedings against the transport company, which could consequence in a fine of PLN 10 000. The driver was punished with a ticket of PLN 2 000, and since the ticket was cash, it had to be paid immediately.
Importantly, there is no information in WITD's communication about stopping the driver's driving privileges. This may indicate that tachograph manipulation has taken place in the past, within the controlled period (maximum 28 days). It is besides worth noting that there is no mention of a transport charge without appropriate authorisation, which may propose that the Ukrainian transport company had the power to carry out specified global transport.
Ukrainian transport on the roads of the European Union
The detention of Mercedes Actros MP2 from Ukraine falls within the broader, controversial context of the presence of Ukrainian carriers on EU roads. In fresh years, more and more transport companies from Ukraine have been operating in the European Union utilizing various types of permits and bilateral agreements.
Some transport manufacture experts and representatives voice concerns about abuse and unfair competition. 1 of the main allegations is that any Ukrainian companies circumvent regulations, utilizing illegal practices specified as tachograph manipulation, to increase driver working time and reduce transport costs.
Tachograph manipulation – legal implications
Tachograph manipulations are severely punished both within Poland and throughout the European Union. In accordance with the provisions of Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs utilized in road transport, each case of tachograph manipulation constitutes a serious infringement which may consequence in advanced financial penalties and administrative sanctions.
Additionally, tachograph manipulation can lead to criminal proceedings against drivers and owners of transport companies. In Poland, fines are foreseen, and in utmost cases even prison sentences. It is besides worth remembering that the consequences of tachograph manipulation may extend beyond the borders of 1 country, as infringements in 1 associate State of the European Union may consequence in sanctions in another countries.
Summary
The detention of Mercedes Actros MP2 from Ukraine, whose driver manipulated the tachograph, is an example of the problem facing the European transport sector. Although these cases are becoming increasingly uncommon due to technological advancement and tightening of regulations, they are inactive threatening road safety and fair competition in the global transport market.
The European Union and individual associate States have consistently sought to tighten up controls and sanctions for specified infringements, with the aim of eliminating unfair practices from the transport sector. However, in order to accomplish this objective, cooperation at global level and continuous monitoring of the activities of non-EU carriers is necessary.
Original content of WITD Opole message:
On 5 September this year, the inspectors of Kędzierzyńsko-Kozielów branch of the Opolskie Road Transport Inspectorate, in the course of the inspection activities carried out at the checkpoint in Reńska Wisi stopped and subjected the tractor saddle with a semitrailer belonging to the carrier from Ukraine. A associate vehicle carried out global road transport of goods from Slovakia to the Kingdom of the Netherlands.
The inspection of the papers presented and the analysis of the working time of the driver was carried out on the basis of the evidence sheets presented by the head of the evidence sheet, the analysis of which raised suspicions of the controls. After submitting all the evidence, the headman himself admitted to utilizing the ‘magnet’ to disrupt the pulser's operation, so that its remainder would be recorded while driving on the evidence sheet.
In the case of the carrier an administrative procedure will be initiated, a deposit of PLN 10 1000 was collected for the future penalty, while the manager was charged with a cash punishment of PLN 2 thousand.
Read more:
Ukrainians manipulate tachographs – says WITD Opole
