Even as modern tachographs become harder to manipulate, roadside checks continue to reveal relatively simple attempts to distort recorded data. In this incident, officers in the province of A Coruña stopped a lorry after the tachograph indicated the driver was resting, despite the vehicle having been seen moving moments earlier.
The tachograph showed “rest” while the truck was on the move
The Guardia Civil’s Road Traffic Investigation and Analysis Group (GIAT) carried out the check at kilometre 337 of the N-525 near Santiago. After stopping the vehicle, officers reviewed the tachograph data and found it was recording rest time even though the lorry had just been observed driving.
Initial suspicion of a technical fault quickly shifted to the likelihood of deliberate interference. During a closer inspection, officers found a magnet attached to the pulse generator near the gearbox. Investigators say the device disrupted the tachograph’s operation and prevented it from recording the vehicle’s actual activity.
To confirm the finding, the lorry was sent to an authorised technical centre. Testing showed that, with the magnet in place, the tachograph continued to log “rest” while the vehicle was moving. Once the magnet was removed, the system returned to normal operation.
As a result, investigators reported suspected document forgery involving both the driver and the manager of the transport company that owns the vehicle.
A prison sentence risk applies primarily to the driver and potentially to anyone found to have actively participated in the tampering. However, criminal liability for the carrier is not automatic. A custodial penalty would require proof that the company owner participated in the scheme, ordered it, or knowingly allowed it to happen. Otherwise, the matter may be handled through administrative proceedings or other forms of liability.
Tachograph manipulation can carry custodial sentences
Spanish enforcement authorities stress that manipulating tachograph records is no longer treated solely as a transport compliance issue.
Since 2020, following a ruling by Spain’s Supreme Court, falsifying tachograph data has been treated as the criminal offence of forging official documents. In practice, this can mean a sentence ranging from six months to three years in prison.
Inspectors argue that falsifying driving and rest periods allows vehicles to operate without effective oversight of a driver’s activity. Skipping mandatory breaks increases the risk of fatigue and loss of concentration, raises the likelihood of road accidents, and can fuel unfair competition in the haulage market.
Carriers can also be held responsible
Under Spanish rules, responsibility may extend beyond the driver to the employer, but only where the business is found to have taken part in the manipulation or knowingly tolerated it.
This approach reflects road-safety prosecution guidance in force since 2020, which instructs authorities to treat tachograph manipulation as a criminal matter and to examine whether the employer was involved in the falsified records.
Penalties are tightening across Europe
Spain is not the only country stepping up its response to tachograph fraud.
In Italy, the Court of Cassation has repeatedly confirmed that tampering with recording devices can lead to imprisonment. In one case, a carrier who forced drivers to use magnets was sentenced to one year, one month and 20 days in prison.
Poland has also introduced criminal consequences for interfering with recording equipment. Under Article 306a of the Penal Code, tampering with the correct measurement of an odometer or tachograph can result in three months to five years in prison, and the Road Transport Inspectorate is required to report such cases to law enforcement.
