While these movements may seem minor, they can lead to serious legal issues if incorrectly logged as rest periods. Such errors can result in false records, which violate transport regulations and may lead to prosecution, fines, or licence revocation.
Micro movements occur when a vehicle moves slightly, registering on the speed trace but not changing the mode. Digital tachographs record vehicle activity even without a driver card, but minor movements may not shift the mode to driving, leading to inaccurate logs. Misrecording micro movements as rest periods is a legal violation. This can result in:
• Prosecution and imprisonment.
• Licence revocation for operators who fail to address false records.
The DVSA uses software to flag micro movements during rest periods. Operators should proactively review tachograph data to prevent violations.
Operations at risk of micro movement violations include:
• Queueing at distribution centres for cargo.
• Slow-moving traffic at ports and terminals.
• Brief stops at customs or toll booths.
Drivers may misclassify these periods as rest instead of “other work,” causing inaccuracies.
What operators should do:
• Educate drivers on accurate tachograph recording.
• Use tachograph analysis software to detect false records.
• Take action against intentional misreporting.
• Seek expert advice for correct data interpretation.
Micro movements may seem insignificant, but they can lead to severe penalties. Operators must stay vigilant to ensure that all tachograph records are accurate to avoid any potential regulatory breaches.
New driver CPC return courses now available
New legislation passed in October 2024 by UK parliament has introduced a significant change for drivers whose CPC has lapsed. As of 1 February 2025, drivers who have not held a valid CPC for between 60 days and two years now can return to professional driving by taking a seven-hour ‘return to driving course’.
This means that drivers whose CPC has lapsed within the last two years now have a clear route to regain their qualification. After completing the course, drivers will need to complete the remaining 28 hours of training within 12 months to receive a new card with a full four-year validity.
The guidance on this is at www.tinyurl.com/pubenzpm and the course can be booked alongside existing CPC courses, which are searchable here:
www.tinyurl.com/mxrnruxd.
These changes offer an excellent opportunity for drivers to get back on the road with minimal disruption, and all affected drivers are urged to consider this option.
Case Review: Clandestine entrant penalty overturned
Backhouse Jones’s (BHJ) commercial litigation team has achieved success in securing the cancellation of a £16,000 penalty charge imposed on a Polish haulage company. This significant result was obtained by presenting strong legal arguments and demonstrating the penalty was unjust and should be revoked.
The team argued that both the company and its driver had fully complied with the relevant regulations concerning clandestine entrants. Additionally, if the Notice of Objection was not successful, BHJ proactively requested that a means assessment be applied, ensuring a fairer and proportionate outcome. The strategic approach proved instrumental in achieving this fantastic result.
This case highlights the importance of expert legal representation in challenging unjust penalties and ensuring that fairer decisions are reached. It is also a testament to the ongoing efforts of BHJ’s team in securing positive outcomes for transport operators in the UK and across Europe.
Contact the BHJ team if you require assistance with clandestine entrant penalties, whether you are UK based or a European company crossing UK borders.
This page is brought to you by Backhouse Jones Solicitors, which runs a frequent series of podcasts – see www.tinyurl.com/2xbv3jzv
