Tachograph Card Misuse: Lessons for Haulage Operators and Transport Managers

alan65932

Oct 19

7 min read

Tachograph card misuse can have consequences far beyond an individual driver. A Traffic Commissioner decision involving Mick Foden Commercials Ltd demonstrates how failures in driver monitoring and Transport Manager oversight can contribute to serious regulatory action against an operator.

The case followed an incident in October 2024 in which driver Lena Foden was found to have used her husband's driver card and driven beyond the applicable daily driving limit. Subsequent investigations identified 19 offences involving false tachograph records.

In a written decision published in 2026, the Deputy Traffic Commissioner revoked the company's Operator Licence, disqualified the company and its director indefinitely from operator licensing, and disqualified the former Transport Manager for two years.

The driver's large goods vehicle entitlement was suspended for four months.

The findings were not limited to the driver's conduct. The Commissioner also considered the operator's responsibilities and the failure to exercise effective and continuous transport management.

For haulage operators, the central lesson is clear: tachograph compliance requires active monitoring, proper investigation and management systems that work in practice.

What happened in the Mick Foden Commercials case?

On 23 October 2024, vehicle TR02KER was stopped by DVSA on the M65 near Preston. Lena Foden had been driving the vehicle using her husband's driver card and had exceeded her 10-hour daily driving limit.

Further DVSA investigation identified 19 offences involving knowingly making false entries in tachograph records between 1 August and 22 October 2024.

On 10 September 2025, Lena Foden pleaded guilty to the 19 offences under section 97 of the Transport Act 1968. She received a fine of £451, a victim surcharge of £184 and prosecution costs of £1,200.

The Traffic Commissioner considered the driver's conduct alongside wider concerns about the company's compliance arrangements and the role of its former Transport Manager, Jaspreet Kang.

It is important to distinguish the findings. The driver was prosecuted and convicted for the tachograph offences. The regulatory decision separately examined the operator's and Transport Manager's responsibilities and the circumstances in which the breaches occurred.

The Commissioner found that the operator and its director had encouraged the illegal use of the tachograph and driver-card system. The decision also recorded that the director accepted responsibility for having persuaded his wife to use his card.

The Commissioner did not treat the driver as solely responsible for what happened. However, that did not remove her own responsibility for knowingly using another driver's card.

Why driver-card misuse is a serious compliance issue

A digital tachograph and driver card help establish who was driving and record relevant driving, other work, availability and rest information.

Using another person's card undermines the reliability of those records. It can obscure actual driving time, make it harder to identify infringements and compromise the operator's ability to demonstrate that drivers' hours rules are being followed.

For an operator, the issue is therefore bigger than an individual record being incorrect.

If driver-card misuse goes undetected, the operator may be unable to rely on its tachograph monitoring process to identify excessive driving, insufficient rest or recurring non-compliance. It also raises questions about whether the Transport Manager has sufficient control over drivers and the operation.

The case is a reminder that operators must not rely on drivers simply to follow the rules without appropriate checks and oversight.

The Transport Manager oversight failure

One of the most significant aspects of the decision was the former Transport Manager's role.

Jaspreet Kang had been nominated as Transport Manager and was recorded as working four hours per week. In written evidence, she accepted that she had failed to exercise effective and continuous control over drivers' hours, tachograph records and general compliance.

The Commissioner considered that evidence alongside the operator's account of the working arrangement. The director said that the Transport Manager had not visited the operating centre or liaised with him since the licence was granted in 2022, and that she had not carried out vehicle or driver management responsibilities.

The Commissioner concluded that she had been a Transport Manager in name only.

The decision is a practical illustration of why a Transport Manager appointment must reflect a genuine working arrangement. Being named on an Operator Licence, receiving a monthly fee or being available if something goes wrong does not, by itself, demonstrate effective and continuous management.

A Transport Manager needs sufficient time, authority, information and involvement to identify problems and ensure that corrective action is taken.

This is particularly important for an external Transport Manager working with a small operator. The operator should understand what the service covers, while the Transport Manager needs access to the records and people required to carry out the role properly.

For more detail, see our guide [What Does an External Transport Manager Actually Do?] and our article [What Are the Duties and Responsibilities of a Transport Manager?].

What should effective tachograph monitoring look like?

An operator should have a clear process for collecting, reviewing and acting on tachograph information. The precise arrangements will depend on the size and nature of the operation, but the underlying principles remain the same.

1. Ensure downloads are completed on time

Driver cards and vehicle units must be downloaded at the required intervals. As a general rule, driver cards must be downloaded at least every 28 days and vehicle units at least every 90 days.

These are maximum download intervals, not a recommendation to leave monitoring until the deadline. Operators may need to review information more frequently to identify problems promptly.

2. Review the data, not just the download status

Successful downloads do not establish that a driver is compliant.

Tachograph records need to be analysed for infringements, unusual patterns, missing records and potential signs of misuse. Someone must be responsible for reviewing the results and ensuring that issues are escalated.

3. Investigate unusual activity

If records suggest that another person's card may have been used, or that driving time may have been concealed, the issue should be investigated promptly.

The operator should establish the facts, record the findings and take appropriate action. It should not assume that an alert is harmless, nor make allegations without checking the evidence.

4. Speak to drivers and document the response

Drivers should understand the rules, the monitoring process and the consequences of non-compliance.

Where an infringement or suspected misuse is identified, record the discussion, any explanation given, the action agreed and whether further intervention is needed.

Repeat issues may require additional training, closer monitoring or formal disciplinary procedures, depending on the circumstances.

5. Check that corrective action works

A conversation or warning is not necessarily the end of the matter. Subsequent records should be reviewed to establish whether the issue has been resolved.

If similar problems continue, the operator and Transport Manager should consider whether the response was effective and whether the wider system needs to change.

Our guide [What Does a Transport Manager Need to Do Every Month?] explains how routine monitoring can form part of a wider compliance management cycle.

The operator cannot simply blame the driver or Transport Manager

The decision also reinforces an important principle: responsibility for compliance cannot simply be passed to another person.

A Transport Manager has professional responsibilities for the effective and continuous management of the transport operation. But the operator and its directors retain responsibility for ensuring that the business complies with its Operator Licence conditions and undertakings.

That means an operator cannot assume that appointing a Transport Manager transfers all responsibility for compliance. Equally, a Transport Manager cannot fulfil the role merely by lending their name to an application while having little or no involvement in the operation.

The Commissioner found shortcomings on both sides in this case. The operator and its director were found to have encouraged the card misuse, while the former Transport Manager had failed to provide the required oversight.

For other operators, the practical question is whether the working relationship provides genuine oversight, rather than whether a Transport Manager's name appears on the licence.

What were the consequences of the decision?

The regulatory action was substantial.

The Deputy Traffic Commissioner revoked Mick Foden Commercials Ltd's Operator Licence, with effect from 23:45 on 22 February 2026. The company and its director, Philip Michael Foden, were disqualified indefinitely from holding or obtaining an Operator Licence or being involved in the management, administration or control of an entity holding or obtaining one.

The former Transport Manager, Jaspreet Kang, lost her repute and was disqualified from acting as a Transport Manager for two years, effective from the same time.

Lena Foden's large goods vehicle entitlement was suspended for four months, from 22 February to 22 June 2026.

The Commissioner considered the circumstances of the driver's conduct, including the pressure she said had been placed on her, the reasons she gave for seeking suitable and safe parking facilities, her previous record and evidence about her subsequent driving. He nevertheless found that knowingly using another driver's card was a serious matter.

These outcomes were specific to the evidence and circumstances of this case. They should not be treated as automatic sanctions for every tachograph infringement or every Transport Manager failing. Regulatory decisions depend on the facts, the seriousness of the conduct and the relevant statutory guidance.

The formal decision is available here: Traffic Commissioner decision for Mick Foden Commercials Ltd (OH2052666).

Could your operation demonstrate effective driver monitoring?

The case provides a useful opportunity for operators and Transport Managers to review their own arrangements.

Ask yourself:

Are driver-card and vehicle-unit downloads completed within the required intervals?
Who reviews tachograph analysis and identifies infringements?
Are unusual patterns or suspected card misuse investigated?
Are drivers given appropriate feedback and instruction?
Are investigations and corrective actions documented?
Does the Transport Manager have sufficient time, access and authority to manage compliance?
Can the operator demonstrate that identified problems were followed through to resolution?

If these questions are difficult to answer, the weakness may not be limited to tachograph monitoring. It may point to a wider issue with the way transport compliance is managed.

A structured review can help identify gaps in responsibilities, records, procedures and follow-up before those weaknesses become more serious.

How Road Haulage Compliance can help

Road Haulage Compliance provides independent Transport Compliance Audits for road haulage operators. An audit can assess whether compliance systems are working in practice, including driver management, tachograph monitoring, maintenance arrangements and the responsibilities assigned to the Transport Manager.

For operators using an external Transport Manager, a review can also help establish whether the necessary information, authority and working arrangements are in place to support effective and continuous management.

The objective is not simply to produce another set of paperwork. It is to identify weaknesses, make practical recommendations and help the operator understand where its systems need attention.