The driver attestation is a uniform document certifying that the driver of a vehicle carrying out road haulage operations between the Member States is either lawfully employed by the EU transport operator concerned in the Member State in which the operator is established, or lawfully placed at the disposal of that operator.
A form attesting activities of a driver with a view to ensuring compliance with drivers' hour's rules was established by Decision 2009/959/EU amending Decision 2007/230/EC .
This form comes only in addition to the tachograph records and should reflect activities that could not be recorded via a tachograph due to technical reasons.
It is a requirement under EU law that drivers of regulated vehicles i.e. goods vehicles over 3.5 tonnes GVW, must use the tachograph to record their activities. This means that a driver must be able to produce his/her digital driver card for downloading and for vehicles pre-2006, the previous 28 charts or printed records plus those for the current working week for inspection by enforcement officers.
There can be a number of reasons why a driver may not be able to produce all the relevant evidence that an enforcement officer expects to find at a roadside check. It may be the case that he/she:
- only recently started employment with the company
- ordinarily works in the warehouse or office and is acting as relief cover
- usually drives a van that is excluded from the EU rules
- has been off work, on leave or has recently been incapacitated due to illness
Equally so, it may be the case that the mileage from the data that is able to be produced does not flow from day to day, which to the enforcement officer would indicate that there are missing records. This may be easily explained e.g:
- the vehicle may have been used by another driver during the period in question; or,
- the vehicle may have been on road test or taken for MOT during the period in question
It is therefore imperative that an explanation for the discrepancy is available to satisfy the enquiries of the enforcement officer. To this end, a letter of attestation issued by the company should always be carried by the driver if there are discrepancies with the driver’s records; and as a matter of precaution, even if the driver’s records are likely to be 100% accurate.
A driver attestation should be established by all International hauliers in order to allow the Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation.
A letter of attestation should be on company headed paper, stamped with the company stamp and signed and should include company contact details to enable the enforcement officer to contact the company should further information be required. It is advisable that the letter should also be translated into the languages of the countries the driver is likely to transit or visit.
Below is the EU Approved Attestation Form and a Sample Letter of Attestation which is available for download and may be modified to suit requirements.
The following links assist in giving guidance and further information: