An Omagh haulage company, its director and transport manager, along with a number of drivers, have been sentenced after a joint operation uncovered the manipulation of tachograph recording equipment.
This records the speed and distances covered by the companies drivers.
It was found that the company was producing false tachograph recordings to appear that they were complying with rules on drivers’ hours.
Director, 45 year old Michael Doherty and Transport Manager, 56 year old Patrick Doherty pleaded guilty previously and were sentenced at Laganside Crown Court on Wednesday, 3rd July, to encouraging fraud by false representation, nine counts of aiding and abetting fraud by false representation and entering into an arrangement to acquire criminal property.
Patrick Doherty was sentenced to 14 months’ imprisonment, suspended for two years, and Michael Doherty to two years’ imprisonment, suspended for two years.
At Laganside Crown Court the following day, Michael Doherty Haulage Ltd was issued with a confiscation order to make a payment of £247,028 and the company ordered to pay a fine of £72,000.
PSNI said the danger lay within the fact that the odometer, speedometer and speed limiter can be disabled by such manipulation and as a result, the diver, who is already over their legal driving hours, is in control of a vehicle weighing up to 44 tonnes while having no indication of speed.
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An Omagh haulage company, its director and transport manager, along with a number of drivers, have been sentenced after a joint operation uncovered the manipulation of Tachograph recording equipment fitted to a number of the company’s vehicles.
Officers from the Police Service of Northern Ireland’s Road Policing Unit and Economic Crime Unit, along with colleagues from DVA enforcement and HMRC were involved in the investigation, which commenced with the search of Michael Doherty Haulage Ltd premises in Omagh in April 2016.
This joint investigation centred around the misuse of tachograph recording equipment and the records they produced. A Tachograph is a device that records information about driving time, speed and distance. They’re used to make sure drivers and employers follow the rules on drivers’ hours.
Director Michael Doherty (45) and Transport Manager, Patrick Doherty (56) pleaded guilty previously and were sentenced at Laganside Crown Court on Wednesday, 3rd July, to encouraging fraud by false representation, nine counts of aiding and abetting fraud by false representation and entering into an arrangement to acquire criminal property.
Guilty pleas had also previously been entered to encouraging fraud by false representation, nine counts of aiding and abetting fraud by false representation, and acquiring criminal property on behalf of Michael Doherty Haulage Limited by director Michael Doherty.
Patrick Doherty was sentenced to 14 months’ imprisonment, suspended for two years, and Michael Doherty to two years’ imprisonment, suspended for two years.
At Laganside Crown Court on Thursday, July 4th, Michael Doherty Haulage Ltd was issued with a confiscation order to make a payment of £247,028 and the company ordered to pay a fine of £72,000.
Chief Inspector Dodds said: “A significant number of company records along with lorries were seized for detailed analysis.
“The investigation identified that the company and a number of drivers were actively involved in the manipulation of tachographs, which allowed the drivers to extend their duty periods beyond the maximum permitted for road safety.
“By using manipulation devices, the odometer, speedometer and speed limiter on the lorry can all be disabled. The driver, who is already exceeding his permitted driving hours, is therefore in control of a vehicle weighing up to 44 tonnes while having no indication of speed.
“This is a highly dangerous activity which poses a significant risk to all road users, as well as creating an unfair economic advantage over other companies in the haulage industry.
“The investigation saw officers and partners collaborate on an innovative approach to deal with rogue hauliers under the Fraud and Proceeds of Crime Acts, rather than road traffic tachograph offences.
“This meant that the case was dealt with in the Crown Court, rather than the Magistrates’ Court which resulted in convictions and sentencing that more appropriately reflect the seriousness of the offences committed, which was placing the lives of road users at risk.
“This was an intensive and detailed investigation, and nine drivers have already received suspended sentences for offences of fraud by false representation.”
