Road traffic

Tachograph records - defendant consenting to inspection at premises but refusing to allow removal from premises - refusal constituting failure to provide records for examinationCantabrica Coach Holdings Ltd v Vehicle Inspectorate:DC (Kennedy LJ and Butterfield J): 31 March 2000

The defendant coach operator was charged with failing to provide tachograph records to an authorised examiner for inspection.The defendant had agreed to the inspection of records on the premises, but objected to their removal.

The justices held that, although s99 of the Transport Act 1968 did not contain an express power empowering removal of the records from the premises, s99(1)(bb) was to be read in conjunction with art.14 of Council Regulation (EEC) No 3821/85, which stated that documents should be handed over on request.The justices convicted the defendant.

The defendant appealed.David Phillips QC and Richard Serlin (instructed by Wedlake Saint) for the defendant.

Richard Plender QC (instructed by Foinette Quinn, Bletchley, Milton Keynes) for the prosecutor.Held, dismissing the appeal, that the justices' conclusions were correct; that the defendant was required to produce and hand over tachograph record sheets on demand at the defendant's premises if such a request were made to him; that it was within the discretion of the authorised officer whether he chose to inspect the tachograph sheets at the defendant's premises or to take sheets away for more thorough and detailed analysis, or alternatively to require production and handing over of the records at the office of the traffic commissioner; that it was implicit in the powers granted to the Vehicle Inspectorate that the authorised officer should permit the defendant to take copies of any record he proposed to take away from the defendant's premises before the record was removed if the defendant wished to do so; and that, accordingly, the defendant had been rightly convicted.