Manager acquitted of allowing uncalibrated tachograph use due to illness preventing duty performance on specific day.

The court acquitted the defendant, a transport company manager, of the charge of allowing a vehicle with an uncalibrated tachograph to operate on the specific date of the traffic control. Although the defendant was formally employed by the company and the tachograph's validity had expired years prior, the court found he was not performing his managerial duties on the day of the incident due to a medical leave. Consequently, the court ruled that his failure to act was justified by circumstances beyond his control and limited the liability assessment to the specific date charged.