UK Offence Report

Workshop cards

regulation 4(2) of The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations 2006

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

2 A person commits an offence if he causes or permits—

a any use, alteration or possession of

a workshop card or PIN, or

b the making of any false statement or forgery or alteration of

a document, specified in paragraph (1).

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
making a false or misleading statement
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 4(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person causes or permits— a any use, alteration or possession of a workshop card or PIN, or b the making of any false statement or forgery or alteration of a document, specified in paragraph (1).
  2. Entering a figure on a form or return that is known to be wrong under the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations 2006.
  3. Leaving out something the form asks for, where the omission is what makes the answer misleading.
  4. Producing a document to an official that has been altered since it was issued.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Standard scale
Level 5
Maximum prison (summary)
3 months
Maximum prison (on indictment)
3 months

this is the level 5 value when the instrument came into force (2006-08-21); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

The Ministry of Justice records offences under this instrument against offence code 81103 — 81103 - Triable either way offences under Passenger and Goods Vehicles (Recording equipment) (Tachograph Card) Regulations 2006 (MOT). That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
18 July 2006
In force from
21 August 2006
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations make provision in relation to the cards (company cards, control cards, driver cards and workshop cards) used with digital tachographs, which are tachographs complying with Annex IB to Regulation (EEC) 3821/85. Those new vehicles, which are required to be fitted with tachographs, have been required to be fitted with digital tachographs since 1 May 2006 (Regulation 561/2006). They prohibit the use by a person of more than one driver card, of a driver card of which he is not the holder, of a forged or altered card and of a card issued as a result of an incorrect application. Making a false statement in an application for a card is also prohibited.. Breach is an offence, the penalty depending upon the nature of the breach (regulation 3). They prohibit the use by a person of more than one workshop card, or PIN, for each workshop in which he works, of a workshop card or PIN of which he is not the holder or in a place which is not his workplace, of a forged or altered card and of a card issued as a result of an incorrect application. The also prohibit the divulging of a PIN. Breach is an offence, the penalty depending on the nature of the breach (regulation 4). Causing or permitting a person to breach such prohibitions is also prohibited, the maximum penalty being, if the offender is convicted on indictment, two years and a fine, or if the offender is convicted summarily, the statutory maximum (regulations 3 and 4). They require written notification of lost or stolen cards to be given to the Secretary of State and the return to him of damaged or malfunctioning cards. Failure to comply is an offence punishable by a level 5 fine (regulation 5). They require a card holder to notify the Secretary of State of details on the card requiring correction and to return it for correction. The Secretary of State may also require the return of cards issued erroneously for correction. Failure to comply is an offence punishable by a level 5 fine (regulation 6). A card which identifies another person as the holder, which has been falsified or which has been issued as a result of a false application must be surrendered or may be confiscated by a constable or VOSA examiner. Failure to surrender such a card is an offence punishable by a level 5 fine (regulation 7). A Regulatory Impact Assessment has not been prepared for this instrument as it has no significant impact on the costs of business.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source