Michael Doherty Haulage Ltd, based in County Tyrone, Northern Ireland, were found to be manipulating tachograph recording equipment following a multi-agency investigation by officers from the PSNI’s Road Policing Unit and Economic Crime Unit, along with DVA and HMRC personnel.
The tachograph records drivers’ hours and is designed to ensure that statutory hours are not exceeded and put drivers and other road users at risk.
The investigations started in April 2016 following an initial search of the firm’s Omagh depot.
The investigators found that tachographs had been manipulated to such an extent that drivers would be able to drive for longer than they are legally allowed.
“A significant number of company records along with lorries were seized for detailed analysis,” the PSNI’s Chief Inspector Dodds explained.
“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,” he added.
“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.”
Company director Michael Doherty, 45, and 56-year-old transport manager, Patrick Doherty both pleaded guilty previously 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.
They were sentenced at Laganside Crown Court on July 3.
Patrick Doherty was sentenced to 14 months’ imprisonment, suspended for two years, and Michael Doherty to two years’ imprisonment, suspended for two years. The court also issued a confiscation order to make a payment of £247,028 as well as being ordered to pay a fine of £72,000.
Nine drivers employed by the firm have also been also been sentenced for fraud by false representation.
“This 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,” Chief Inspector Dodds explained.
“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.”
