The following news story appeared in Motor Transport magazine on 16th July 2024.

The director, transport manager and nine drivers employed by Northern Ireland haulage firm Michael Doherty Haulage have received suspended jail sentences after being found guilty of manipulating tachograph equipment in several of the company’s trucks.

A joint investigation by Northern Ireland’s Road Policing Unit, the Driver Vehicle Agency and HMRC saw the Omagh-based haulage firm raided in April 2016 after evidence emerged that the company was involved in tachograph fraud.

Director Michael Doherty, age 45, and Transport Manager, Patrick Doherty, age 56, pleaded guilty at Laganside Crown Court on 3 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 July 4 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 case was dealt with using an innovative approach which saw the rogue hauliers prosecuted under the Fraud and Proceeds of Crime Acts, rather than road traffic tachograph offences.

Chief Inspector Dodds said: “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.”
See the article in Motor Transport here: https://motortransport.co.uk/operator-news/haulage-directors-receive-suspended-jail-sentences-for-highly-dangerous-tachograph-fraud/19240.article

Convey’s Comment on this article.

If you know Convey Technology at all, you will know that we are all about driver and vehicle compliance. We are laser focussed on delivering the best possible solutions for operators, around the whole issue of compliance management.

A fundamental reason underpinning the need for Compliance is Safety. Compliance makes our industry safer for those working in it, and for all other road users too, and Convey absolutely stand behind this objective. Karen Crispe FCILT and Director at Convey Technology says: “Improving road safety and the performance of the transport sector is at the heart of everything we do. We take it extremely seriously and are committed to improve it in any ways that we can.”

However, at Convey, we also understand that, by enabling our clients to stay on top of all the regulations and requirements associated with achieving compliance, there are other very significant benefits to be gained. Convey’s compliance solutions directly assist operators and transport managers to achieve greater levels of operational efficiency, deliver cost savings, make valuable time gains and drive dramatic productivity improvements. All these things add up to increased business performance and profitability.
For all these reasons we welcome news stories like the one below where unscrupulous operators, who put us all at greater risk on the road and tarnish the reputation of the road transport industry, are brought to account.

If your transport business requires any help or guidance to achieve and sustain your Compliance obligations, we are here to help. Please don’t hesitate to contact us. We would be delighted to hear from you and to explain the many ways in which we can assist and support you and your organisation.