The driver attestation is a uniform document certifying that the driver of a vehicle carrying out road haulage operations between 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.
As of 4 December 2011 the subject of driver attestation will be governed by Regulation (EC) No 1072/2009. This legislation replaces Regulation (EC) No 484/2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93.
It is a requirement under EU law that drivers of regulated vehicles - 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 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 charts that an enforcement officer expects to find at a roadside check. It maybe the case that he/she:
- only recently started employment with the company
- ordinarily works in the warehouse or office and is actng as relief cover
- usually drives a van which is excluded from the EU rules
- has been off work on holiday or has recently been incapacited due to sickness
Equally so, it may be the case that the mileage on the charts able to be produced does not flow from chart to chart that the driver has in his/her possession, which to the enforcement officer would indicate that there are missing charts. This may be easily explained, for example:
- 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 discrepanies with the drivers records.
A driver attestation is be established by all International Hauliers in order to allow 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 include company contact details, which enable the enforcement officer to contact the company should further information be required. It should be noted here that it is advisable that the letter should be translated into the languages of the countries the driver is likely to transit or visit. It should also be the case that the letter of attestation should be on company headed paper and stamped and signed (company stamp).
Below is the EU Approved Attestation Form and a sample Letter of Attestation which you can download and modify to suit your requirements.