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Sweden could jail tachograph cheats and let police search drivers at the roadside

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Sweden is preparing a major tightening of enforcement around tachograph tampering and breaches of drivers’ working time rules. The proposal would give police new powers during roadside checks, including the ability to search a driver in specific situations. It also raises the stakes for the most serious abuses by introducing a real risk of prison. The new measures are expected to take effect later this year.

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One of the headline changes is that police would be allowed to search a driver in specific circumstances when there are grounds to suspect someone else’s driver card has been used in the tachograph. Under the draft, this would be allowed only during a roadside inspection and only when there are concrete indicators of wrongdoing – for example, suspicious indicators in the tachograph data.

The proposal makes it clear that a vague suspicion won’t be enough. Authorities would need a basis to believe that manipulation or another serious abuse has taken place. The search is meant to be carried out as discreetly as possible, with respect for the driver’s privacy and, where feasible, in the presence of a witness.

Police get the powers, inspectors do not

During the legislative work, the government stepped back from an earlier idea to extend search powers to inspectors as well. Following a legal review, the authority to conduct searches will remain exclusively with the police.

Inspectors and other control services will still be able to carry out standard roadside checks. However, actions that intrude on privacy – such as searching a vehicle or conducting a personal search – would be reserved for police officers.

Prison on the table for serious tachograph manipulation

At the same time, Sweden is moving to tighten criminal penalties for tachograph tampering. For the most serious violations, the draft provides not only for fines but also custodial sentences of up to one year.

Liability would extend beyond drivers. It would also cover people involved in producing, selling, or distributing devices and solutions designed to bypass systems that record driving and rest time.

The goal is to disrupt the entire chain behind the practice – from the user to the supplier of illegal tools.

Planned start date later this year

According to the government draft, the package of changes on tachograph manipulation and enforcement powers is scheduled to take effect on 1 July 2026. From that point, police would have additional tools intended to improve the detection of serious offences in road transport.

More flexibility for minor breaches

While Sweden is taking a tougher line on major violations, it is also keeping a more flexible approach for smaller infringements. Since early 2026, a system has been in place that, in certain cases, allows a financial penalty to be replaced with a warning when the scale of the breach justifies it. 

The idea is to avoid situations where minor mistakes automatically trigger fines, and to improve carriers’ understanding of the rules. At the same time, warnings still feed into companies’ risk ratings and can affect how often they are inspected.

Spain already treats tachograph tampering as a criminal offence

A similarly strict stance is already in place elsewhere in Europe. Spain is one example: since 2020, tachograph manipulation has been treated not as an administrative violation but as document falsification.

That shift followed a ruling by Spain’s Supreme Court, which found that interfering with a tachograph – for instance, by using a magnet – amounts to falsifying official documents. As a result, criminal provisions may apply.

In practice, drivers there can face up to three years in prison rather than only fines. In one case, the Supreme Court sentenced a driver to six months in prison and a fine of 1,080 euros.

Importantly, employers may also be held responsible if there is suspicion that they were involved or tolerated the manipulation.

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