Hauliers get suspended sentences for tampering with equipment

AN OMAGH-based haulage company, its director and transport manager, along with a number of drivers, have been sentenced after a lengthy investigation into the manipulation of tachograph recording equipment fitted to a number of the company’s lorries.

Officers from the PSNI’s Road Policing Unit and Economic Crime Unit, along with colleagues from DVA enforcement and HMRC were involved in the investigation, which started 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 are used to make sure drivers and employers follow the rules on drivers’ hours.

Company director, 45-year-old Michael Doherty, and transport manager, Patrick Doherty (56) had both entered guilty pleas during a previous hearing.

They were sentenced at Laganside Crown Court earlier this month 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 its director, Michael Doherty.

Patrick Doherty was sentenced to 14 months’ imprisonment, which was suspended for two years, while Michael Doherty received two years’ imprisonment, also suspended for two years.

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 Graham 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.”

Chief Inspector Dodds added, “This was an intensive and detailed investigation, and nine drivers have already received suspended sentences for offences of fraud by false representation.”