Sweden plans tougher penalties for tachograph manipulation
The changes were presented in the government memorandum "Strengthening measures against manipulation and serious abuses related to tachographs[1]", which the Swedish transport organization Transportforetagen officially addressed. The government's document provides for both new criminal regulations and expansion of control authorities.
New crimes and criminal liability
One of the key elements of the proposal is new criminal regulations concerning tachograph manipulation. According to the draft, criminal liability will cover not only the manipulation of the device or driver card itself but also interference with data and the use of manipulated devices.
It will also be punishable to manufacture, develop, possess, or sell devices used for tachograph manipulation. In both cases, a fine or imprisonment of up to one year is foreseen, with intentional action required for assigning responsibility. Transportforetagen views tachograph manipulation as a serious violation that simultaneously threatens road safety, worsens driver working conditions, and undermines fair competition in the industry.
Higher financial penalties for fake driver cards
The government also proposes increasing administrative sanctions for obtaining a driver card based on false data or fake documents.
The fine will increase from 8,000 Swedish crowns (about 3,000 PLN) to 20,000 Swedish crowns (about 7,700 PLN). Transportforetagen emphasizes that such actions should be considered as a serious system abuse, allowing circumvention of driving and rest time regulations.
Broader powers for services
The project also foresees a significant expansion of control competences. Technical inspectors will have the right to conduct in-depth tachograph inspections during technical checks if manipulation is suspected. Police officers and road inspectors, in urgent cases, will be able to search vehicles and vehicle sets for equipment used for tachograph manipulation, as well as secure found items as evidence in proceedings.
New regulations will also allow for moving vehicles to a place where a more thorough technical examination can be conducted, which is intended to facilitate the cooperation of police, inspectors, and the Swedish Transport Agency. An additional duty will be imposed on authorized tachograph workshops, which will be required to report any suspicions of manipulation to Transportstyrelsen.
Transportforetagen: good regulations are not enough
Transportforetagen generally supports the direction of the changes but draws attention to the need for further adjustments and real law enforcement. The organization advocates for the possibility of extending personal checks also to passengers of vehicles and the possibility of temporarily prohibiting the driver and passengers from accessing the vehicle during its search.
It's positive that the government has drawn attention to the problem of manipulation and abuses related to tachographs.
The expansion of control powers is something we have long been advocating for. The condition for achieving the intended goals is, however, that road controls are both more numerous and more effective than currently throughout the country. It is still too easy for dishonest companies to operate below the radar, leading to unhealthy competition," comments Tina Thorsell, director of public policy at Transportforetagen.
Transport companies also in the crosshairs
It is worth emphasizing that the planned regulations are not limited solely to drivers. Financial penalties for companies remain possible under applicable codified regulations if a company has failed to fulfill its obligations in terms of control and supervision.
The new regulations also provide for the possibility of confiscating equipment used for manipulation, which is intended to prevent its reuse.
References
- ^ tachographs (trans.info)