As far as I know, this is the first time that the Public Prosecution Service has prosecuted a tachograph mechanic for manipulating tachograph installations and/or pulse generators, resulting in the recent conviction of the mechanic in question to a substantial community service order and a suspended prison sentence *.
This criminal ruling is reason enough for me to ask a criminal law specialist to analyse this verdict and to include his findings in this blog.
What happened?
A mechanic recognised by the RDW, who worked as a workshop manager at a garage, was involved in, among other things, installing, inspecting and calibrating tachographs.
Control: manipulated tachographs
In July 2017, an unannounced enforcement action by the Human Environment and Transport Inspectorate (ILT) found six trucks with manipulated tachographs on the garage premises.
Second visit
It then took six months before the ILT made a second visit to the premises, during which they found materials that could be used to manipulate tachographs and pulse generators, such as motion sensors, tachographs and printed circuit boards.
Confession of tachograph fraud
After being confronted with the materials found, the mechanic confessed that he had been involved in installing the manipulated tachographs. For the Public Prosecution Service, this confession closed the case.
Conviction
The court convicted the mechanic for installing manipulated tachograph systems in trucks and drawing up false register cards.
Legally, these crimes are classified as ‘destroying an automated work’ and ‘forgery’.
In addition, the mechanic was convicted of money laundering, because he earned money by manipulating the tachographs and falsely drawing up the register cards. The court imposed a heavy sentence on the mechanic for these facts: a community service order of 228 hours and a suspended prison sentence of 6 months.
Criminal record
With this sentence, the mechanic will therefore have a criminal record. If he needs a Certificate of Good Conduct (VOG) in the future to work in the transport sector, there is a (great) chance that the VOG will be refused.
Warning
What lessons can be learned from the court’s verdict? More than ever, detecting tachograph fraud is a key focus for the Ministry of Justice. The IL&T is increasingly ‘entering’ companies to detect this form of fraud. It is important for companies, truck drivers and mechanics to know what rights they have.
Every suspect has the right to remain silent
This court verdict states that the mechanic declared of his own accord that he had installed the manipulated tachographs. This is despite the fact that as a suspect you are not obliged to cooperate in your own conviction. A suspect has the right to remain silent.
Advice
So if you receive a visit from the IL&T, first ask whether you are suspected of a criminal offence before answering. As a suspect, you have – as mentioned – the right to remain silent, but also the right to consult a lawyer prior to the interrogation. I advise my clients to take advantage of this opportunity, if necessary by telephone. Once a statement has been made, it cannot be withdrawn! A criminal lawyer can inform you about your rights and obligations and advise you appropriately.
If you need legal advice or assistance, please do not hesitate to contact me without obligation. I can be reached on 076-5204044.
Mr. Wesley Welten
June 2020
* Rotterdam District Court d.d. 20 February 2020, ECLI:NL:RBOT:2020:163
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