Letter of Attestation
Many drivers are unaware that in some EU member states it is mandatory to produce confirmation of sick leave, annual leave or time spent driving other vehicles that are exempt from the scope of Regulation (EC) No 561/2006 or AETR. The failure to do this could lead to the driver facing prosecution.
Problems can easily be avoided by ensuring the employer fills in a ‘letter of attestation' and the driver carries it with him for the duration of his working time spent in member states where the letter is mandatory.
The member states where the letter is mandatory are:
The member states where the letter is non-mandatory are:
Czech Republic (but any other attestation form must include key information)
Belgium (strongly recommended)
The letter is accepted all over the EU in any official EU language. Its standard format facilitates understanding as it contains numbered pre-determined fields to be filled in. All the fields in the form must be filled in by typing. In order to be valid, the form must be signed both by the company representative and by the driver before the journey. For self-employed drivers, the driver signs once as the company representative and once as the driver. Only the signed original is valid. The text of the form may not be modified. The form may not be pre-signed nor may it be altered by handwritten statements.
Only under exceptional circumstances, and if it is legally possible according to the national legislation, a telecopy (fax) of the form may be accepted.
The form may be printed on paper containing the company logo and contact details, but the fields containing the company information must also be filled in.
If a driver does not drive when already en-route e.g. due to sickness or breakdown of the vehicle, the form cannot be used and the enforcement authorities might request other proof showing the inactivity.
The attestation covers only the types of activity contained in it. The form cannot be used for other activities.
It should be noted that the form does not replace the obligations to record activities as stated in Article 6 (5) of Regulation (EC) No 561/2006 and in Article 15 of Regulation (EEC) No 3821/85.