Most tachograph infringements on HGV fleets are avoidable errors, not fraud. See which come up most often, why they recur, how operators should respond and which count as MSIs.
Everyone wants to know what the "big" tachograph infringements are, but honestly, most of what we find on HGV fleets is pretty routine: missed breaks, mode mix-ups and cards left in overnight. So here's what crops up most, why it keeps happening, how to deal with it and when it tips over into serious territory.
Missed breaks under drivers' hours and working time rules are the most common tachograph infringements on HGV fleets, followed by rest errors and overspeed events. Many others are avoidable recording faults: wrong mode selection, manual entry mistakes and driver cards left in overnight.
Most tachograph related infringements picked up during roadside stops and desk based assessments are not deliberately triggered and are unlikely to be evidence of serious fraud. Most count towards missed breaks (drivers hours and working time), misattributed daily or weekly rest and overspeeds. The latter is often explained away by drivers as ‘heavy laden going down hill’. This is not a defence position that is welcomed at Public Inquiry as a driver must always be in control of the vehicle regardless of laden weight and gradient.
Driver mode errors, issues inputting manual entries and cards left in the vehicle overnight trigger phantom infringements that are the easiest to avoid and have the greatest immediate impact on improving company infringement levels.
Overspeeds are not categorised as infringements in the same way as Working Time or Drivers Hours infringements. They are not listed in the Enforcement Sanctions Policy as an offence code and are not specified in the three core governing regulations. The technical definition for an overspeed is a ‘tachograph event’ whereby the vehicle has exceeded the vehicles authorised speed for a period of 60 seconds or more. The law bites at the speed limiter setting, and DVSA enforces the overspeed setting in the tachograph. Vehicles that are set at a higher speed value as that permitted (56mph/90kph) are dealt with as a tachograph that has not been correctly fitted, which does carry an offence code.
Drivers Hours breaks and Working Time breaks are the most frequently triggered tachograph infringements, often caused by a lack of driver knowledge. Frequently due to stretched driver training and development regimes (DCPD) or lack of operator training. The overlapping regulations often result in confusion and issues on the road. The drivers hours 15 minute and 30 minute rule looks similar to the 30 minute and 45 minute Working Time requirements but do not trigger at the same time. Simplifying the overlap by taking a block 45 minute break before the first regulation trigger covers both.
Insufficient daily and weekly rest, weekly working time and reference period maximums or drivers hours limits often point to issues at the planning stage. Breaks infringements (Drivers Hours and Working Time) sit firmly with the driver as they independently manage their daily movements. As such, these infringements often trigger due to poor time management or lack of training and knowledge.
In the event of pattern infringements appearing due to a fixed route, a thorough planning review is required to rectify. In the event of a single driver triggering a range of infringements, training/development and if necessary a level of disciplinary action is required.
Depending on the severity level of each individual infringement, a robust infringement management process must be in place to accurately and fairly manage and enforce issues. A clear disciplinary procedure must be followed and documented with outcomes filed for evidence in the event of future investigation. The standardised verbal/written/termination format is not black and white. Mitigating factors often come into play and a fair process of investigation and debriefing must be evidenced.
Most Serious Infringements or ‘MSI’ are the most serious of all infringements graded against their potential to create a risk of fatalities or serious injuries, or of distorting competition in the road transport market.
Most Serious Infringements identified within the Drivers Hours regulations (561/2006):
Most Serious Infringements identified within the EU Regulations (165/2014):
There are no MSI triggers for Working Time infringements, the severity level ends at ‘Very Serious’ (VSI). Further MSI’s are located within the Serious Infringement Categories link below, as well as within the Enforcement Sanctions Policy, the above list is not exhaustive.
DVSA enforcement sanctions policy
The Road Transport (Working Time) Regulations 2005
Serious Infringement Categories - Commission Regulation (EU) 2016/403
Tacho Agent reviews your driver card and VU download data, flags infringements, and delivers a clear compliance report — so you know exactly where you stand before DVSA does.
Request a free report →