Letters of Attestation IJ2.1(4) The European Commission has introduced a standard letter of attestation that covers most of the “gaps” that drivers can legitimately have in their tachograph record. The form can be downloaded, in every community language, from http://ec.europa.eu/transport/road/social_provisions/driving_time/form_attestation_activities_en.htm The letters are designed to account for days when the driver has no tachograph disc and no record on a digital driver card (if he has one) as a result of being sick, being on leave, or driving vehicles that are not covered by the tachograph regulations. They can avoid a suspicion of guilt and lengthy delays at the roadside. They should be completed before each journey. DfT advises that forms completed in English should be acceptable throughout the Community, and (at the time of writing) there have been no reported problems with this. There should be one form for each gap in the driver’s tachograph/driver card record during the period for which he is obliged to carry charts. All the relevant details should be typed in and the form printed out and signed by the relevant company official and the driver. Self employed drivers need to sign once as the company official and again as the driver. It is not necessary to print the form on headed paper, but operators are not allowed to alter any of the wording. The letter can be presented in conjunction with tachograph charts and the driver card and retained with the charts after the journey. Additional requirements Unlike the previous letters of attestation, the official form cannot be used for periods of daily or weekly rest, or for periods of other work. The Department for Transport has not been able to give any assurance that these details are no longer required. We are aware, in particular, that German and Belgian officials will continue to look for attestation that a driver has not been working when he was taking weekly rest. CPT therefore reluctantly recommends, in order to avoid possible conflicts with roadside enforcement officials in the countries where these letters have been in widespread use previously, you also continue to carry the CPT dual translation letter of attestation in the relevant language(s) for journeys to Germany, Belgium, France and Spain. This should be produced on your company headed notepaper and filled in by typing. This allows you to confirm that your driver was not working on days when he took weekly rest and to confirm that he took a daily rest period when there is a break between odometer readings on successive days’ charts (usually because someone else has driven the coach on an evening job). CPT therefore recommends you have the following letter with you. • Attestation of Activities under Regulation (EC) No 561/2006 (English Version) Page 1 of 2 Disclaimer: The information in this document is for general guidance only and represents our understanding of certain aspects of law and operational problems at the time of issue. CPT, its officers, servants, and agents do not accept any responsibility for loss or damage, including economic loss, for any mis-statement or error from the use of, or reliance on this material. The document is not intended to provide legal advice or professional counselling. Although letters of attestation are most commonly needed for continental journeys, CPT is aware of recent cases where VOSA officers in the UK have delayed coaches late at night while seeking official confirmation of unusual driver working patterns that could have been covered by an attestation. The golden rule is that roadside enforcers are likely to treat all gaps in the record of drivers’ activity with suspicion. It is better to remove sources of doubt with an attestation than to have your passengers inconvenienced while you are telephoned in the middle of the night. Revised April 2012 Page 2 of 2 Disclaimer: The information in this document is for general guidance only and represents our understanding of certain aspects of law and operational problems at the time of issue. CPT, its officers, servants, and agents do not accept any responsibility for loss or damage, including economic loss, for any mis-statement or error from the use of, or reliance on this material. The document is not intended to provide legal advice or professional counselling.
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