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Attestation of activities - not mandatory?

Attestation of activities - not mandatory?

2016.03.01. 13:55 times attestation of activities changes

Although it is not mandatory to make the attestation of activities sheet, more of our clients have indicated that, for example, .: Czech Republic is still sought by the authorities. Thus, during the transitional period should also be used avoiding a lot of discomfort.

From 07/28/2015 amended Regulation 124/2005 of the Ministry of Economy, all references in relation to documents for attestation of activities are deleted.

What has changed? It had been earlier in this regulation: "The employer must provide the driver with an attestation of activities for the days on which the driver has not carried out any acitvity within the scope of the AETR Agreement Regulation, or the regulation 561/2006/EC of the European Parliament and the Council. " This has been taken off.

In plain words there is no obligation for businesses from 07/28/2015 to issue an attestation document of activities. BUT! This does not mean that such document can not be used, as the relevant EU regulations (2007/230, 2009/959) are still in force.

We recommend to use such document as usuall for a couple of months, because the legislation in force though, it will take some lead time for such change to officially reach domesticaly and internationaly all authorities and controllers.It can give protection from many unpleasant situations and discomfort.

To sum up: The driver must be able to give account for the day in question and of the previous 28 days. How can be done? By data recorded by the tachograph on the driver’s card (or on the disk), and / or by manually adding data on the driver’s card by hand (on disk). (We’ve had so far the obligation of manual data adding anyway, so this is nothing new.)

Let's see some real-life examples:

-          Daily rest in a vehicle: the tachograph records the data on the card or on the disc

-          Daily rest not in the vehicle: the driver must add rest data on the card or on the disc

-          Weekly rest period in the vehicle: the tachograph records the period, but regardless of it’s length it must be considered as a reduced rest period.

-          Weekly rest period not in the vehicle: in case of digital tachograph, the driver must add the data, in case of analogue tachograph the driver must draw the rest period ont he back of 1 or 2 tachograph discs.

-          Vacation, disease: the driver must add the data to the card, but we suggest issuing a documnet of attestation of activities

-          Driving a vehicle not equiped with tachograph or other work activities: a document of attestation of activities must be issued