Vehicle and Operator Services Agency v Jones

Vehicle and Operator Services Agency v Jones

Any action which lifts the record sheet from the styli before the end of the daily working period constitutes 'withdrawal' under Article 15(2), and the sheet does not have to be totally removed from the tachograph for an offence to be committed.

Parties
Claimant: Vehicle and Operator Services Agency; Defendant: Neil Jones
Jurisdiction
England and Wales
Judgment Date
05 October 2005
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated From Magistrates' Court
Outcome
Appeal allowed; matter remitted to Magistrates' Court with direction to convict.
Legal Topics
Tachograph Regulations, Interpretation of 'withdrawal' Under Article 15(2), Correct Functioning of Recording Equipment, Drivers' Hours and Rest Periods
Criminal Law Transport Law Regulatory Law Tachograph Regulations Interpretation of 'withdrawal' Under Article 15(2) Correct Functioning of Recording Equipment Drivers' Hours and Rest Periods

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Parties

Vehicle and Operator Services Agency

Claimant

Neil Jones

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated From Magistrates' Court

Legal Issues

  1. 1 Does opening the tachograph head and lifting the record sheet from the styli constitute 'withdrawal' under Article 15(2) of Regulation (EEC) No 3821/85?
  2. 2 Was it reasonable for the Magistrates to find it impossible for a driver to remove a tachograph sheet while the vehicle is in motion?

Ratio Decidendi

Any action which lifts the record sheet from the styli before the end of the daily working period constitutes 'withdrawal' under Article 15(2), and the sheet does not have to be totally removed from the tachograph for an offence to be committed.

Court Disposition

Appeal allowed; matter remitted to Magistrates' Court with direction to convict.

Orders

  • No order as to costs in respect of the appeal.
  • Magistrates to decide penalty upon conviction.