A HAULAGE firm based in Co. Tyrone has been sentenced for fraud after admitting tampering with the safety equipment on their lorries.
Michael Doherty Haulage Ltd were found to be manipulating tachograph recording equipment fitted to a number of the company’s vehicles following a mutli-agency investigation in Northern Ireland.
Officers from the PSNI’s Road Policing Unit and Economic Crime Unit, along with DVA and HMRC personnel, were involved in the investigation, which began with an initial search of the firm’s Omagh premises in April 2016.
Tachograph devices record information about vehicle driving time, speed and distance - and are a legal requirement for commercial vehicles - which is used to make sure drivers and employers follow the rules on drivers’ hours.
The investigation found the firm had manipulated their tachographs to the extent that it allowed their drivers to drive for longer than the maximum time allowed for road safety.
“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 previously 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.
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 director Michael Doherty.
Patrick Doherty was sentenced to 14 months' imprisonment, suspended for two years, and Michael Doherty to two years' imprisonment, suspended for two years.
At Laganside Crown Court on July 4, the firm was issued with 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.”
He added: “This was an intensive and detailed investigation, and nine drivers have already received suspended sentences for offences of fraud by false representation."
