16/11/05 - Letter from Tachonet UK to Mr L Balkwell (Main Conclusions)

Tachonet UK
30 Mill Street,
Bedford,
Beds,
MK40 3HD

16th November 2005
Ref CU9001-2a

F A O Mr. L. Balkwell,

WITHOUT PREJUDICE

Dear Mr Balkwell,

Re; Opinions on a Tachograph Chart Photocopy Image - Main Conclusions

1.0 Introduction I write in response to your visit to, and subsequent discussions with, ourselves seeking our opinions as to the meaning of the information recorded on the photocopy of the tachograph chart you provided to us. I reply in the attached items in general summary terms and discussion with the essence of my reasoning, deductions and beliefs.

2.0 I appreciate the attached by its' nature and necessity is detailed, lengthy, comprehensive and, to some degree, requires some technical or specific knowledge. Furthermore I now realise that you may pass these words to various non-specialist readers I therefore have shortened the more relevant conclusions of the attached documents into the remaining paragraphs of this document.

3.0 In order to work with the Tachograph chart photocopy we first established some confidence that it was not a fabrication and then analysed the chart for our general findings but not those of seeking Drivers Hours opinions which is the original reason why these devices and charts are required to be installed in large goods vehicles. We had to also accept that the information on the reverse side of your chart was not available and understood it is not material to your requirement. Your interests were focused on the use and times of use of the vehicle and particularly when the drum was operated as it is when the un-set concrete is washed out before standing up for any period of non-use. We were informed that the particular vehicle was habitually operated, when cleaning out the unset concrete mix, by a process of'inching' the drum round by turning the ignition on and off momentarily and repeatedly with it's power-take-off (P.T.O.) engaged. Whilst the tachograph and their charts are not designed to specifically detect nor record use of 'ancillary' equipment we were informed that the unset mix was washed out at two occasions within the working day at known times; studying the chart at these times and the pattern of traces marking allowed us to search later in the evening and overnight for similar patterns. In this document I call these 'stop-start-marking-groups'.

4.0 The main relevant conclusions of my interpretation are :

4.1 Three distinct 'stop-start-marking-groups' are present each within their own, say, 15 minute periods; these are

a, at circa 19:40 indicating how traces appear when driver cleans the vehicle on return to base.

b, at circa 21:01 (where vehicle speed has reached perhaps 18km/hr momentarily and is taken to be a hundred or so metres movement perhaps across the yard and at 21:07 returns across the yard) An additional diagram has been provided showing that part of the 'over 6km/h drive trace is covered by the ' 1' of the 21 of 21:00hrs printing legend at 21:01

and

c, at circa 00:55 of early the next morning. Unexplained powered vehicle activity where there is no vehicle movement nor speed registered.

4.2 In the period 21:07 through to 00:54 there is no indication of any movement of the vehicle on either the velocity trace or in terms of the distance travelled trace. It is understood that movements slower than about 6km per hour would not register and neither would small distances (a few tens of yards) but these distances would have accumulated to be noticeable over the 'four hour' period if there had been significant movement. (I could, if so asked, provide magnified images covering the velocity and distance trace areas for this four hour period). My interpretation of these image areas (and therefore this period of time) is that there is no indication of the distance trace accumulating and hence no engagement of the drum moving under power.

4.3 If the engine had been active but not 'in gear to the drive wheels' then no tell-tale would inform us. Since, as we are instructed, this vehicle could not rotate the ready-mix drum without the engine being engaged (which would have left a 'stop-start-marking-groups' on the drive trace) we conclude there was no indication of use of the vehicle in the period concerned.

I have given here my best interpretation of the image and information given to me. The analysis relies greatly on the stop-start-drive-inode grouping sample in mid-afternoon to support the interpretations later in the evening and overnight.

I hope this opinion is useful to yourself and others and that it helps bring matters to a just and true conclusion.

Yours Sincerely, For Tachonet UK

Peter Berry, B.Sc.Hons. (Mech. Eng.), MSc.(Computer Science), M.I.O.D. Managing Director and Chairman