Tachograph Failures Can Cut an Operator's Fleet: Lessons from a Traffic Commissioner Decision
JS TRANSPORT SOLUTIONS | OPERATOR COMPLIANCE INSIGHT
UK TRANSPORT COMPLIANCE UPDATE
Published 3 August 2026 | JS Transport Solutions
A West Midlands operator had its authorised fleet cut by half after DVSA found widespread tachograph and driver-management failures. The decision is a strong warning that missing mileage, card-out driving and weak management oversight can place an operator licence at risk.
What happened?
The Traffic Commissioner curtailed Kingpin Recycling Ltd's operator licence from 12 vehicles to six. The decision followed a DVSA investigation that identified 28 occasions on which vehicles were driven without a driver card, covering 3,323 kilometres.
DVSA also found missing tachograph and driver-card data, inconsistent driver knowledge and inadequate management oversight. Evidence indicated that cards had been removed to avoid recording excessive duty time. This was not treated as a minor administrative problem; it demonstrated a serious loss of control over the transport operation.
Why this matters to restricted-licence operators
A restricted operator licence does not carry reduced compliance responsibilities. The company's directors remain responsible for ensuring that vehicles are safe, drivers are properly managed and tachograph and working-time systems are effective.
The decision reinforces that directors cannot rely on ignorance, internal disagreement or delegation to avoid responsibility. If an employee, administrator or external provider processes tachograph data, the operator must still be able to show that exceptions are reviewed and corrective action is taken.
Missing mileage is more than an infringement-report issue
Standard infringement reports do not always explain every vehicle movement. Operators should reconcile vehicle-unit data and driver-card data with other evidence, including job sheets, fuel records, defect reports, workshop movements and telematics. Unexplained movement should be investigated, attributed and closed with supporting evidence.
A repeated pattern of card-out driving, unallocated mileage or incomplete downloads may suggest deliberate concealment. Even when that is not the cause, failing to investigate the pattern can show that management controls are ineffective.
What operators should do now
Confirm every vehicle unit and driver card is downloaded at the required frequency and that missed downloads are escalated.
Run a regular missing-mileage report and reconcile unexplained movements against operational and maintenance records.
Investigate every card-out event. Record the driver, vehicle, reason, evidence, management decision and closure date.
Check that planners consider driving time, total duty, other work and the Road Transport Working Time rules when allocating work.
Give drivers practical refresher training on card use, manual entries, breaks, daily and weekly rest and reporting mistakes.
Ensure directors receive operator-licence awareness training and regularly review transport compliance performance.
Do not wait for DVSA intervention. Use an independent compliance review when data gaps or repeated infringements are identified.
Training and corrective action must be evidenced
The operator avoided revocation after introducing stronger management, training, technology and external compliance support. However, the licence was still curtailed and the operator was required to complete an independent audit and retain a transport consultant for at least one day each month until June 2027.
This shows the value of acting early. Training certificates and new systems may help demonstrate improvement, but they will carry far more weight when the operator can also show that procedures are being followed, exceptions are investigated and corrective actions are verified.
The key message
Tachograph compliance is a management system, not simply a download exercise. Operators should be able to explain every unexplained movement, demonstrate how infringements were managed and show that work was planned legally. Where the records reveal recurring card-out driving or missing mileage, immediate investigation and documented corrective action are essential.
Official sources
Need practical compliance support? Concerned about missing mileage, card-out activity or the strength of your tachograph controls? JS Transport Solutions can provide an independent compliance audit, OLAT training and practical support to help your business become audit-ready.
www.jstransport.uk | 01905 935308
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