Passengers and goods: Driver attestation

This regulation aims to establish a uniform Community attestation permitting the effective checking of the regularity of the employment status of drivers from third countries employed by hauliers in the Member States engaged in the international carriage of goods.

ACT

Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation [Official Journal L 76, 19.03.2002].

SUMMARY

Background

The impossibility of checking whether drivers are legally employed or used outside the territory of the Member State where a haulier is established has given rise to a market in which drivers from third countries are sometimes irregularly used only to carry out the international carriage of goods outside the Member State in which the haulier employing them is established. This Regulation has been designed to combat such practices.

These irregularly employed drivers often work in precarious conditions and are poorly paid, which is a threat to road safety. This situation seriously distorts competition between hauliers engaged in such practices and those that use only legally employed drivers.

New rules

International carriage by road was already subject to a Community authorisation under Regulation (EEC) No 881/92. Under Regulation (EC) No 484/2002, drivers who are nationals of third countries must from now on be in possession of a driver attestation.

The attestation must certify that a driver is employed in the haulier's Member State of establishment in accordance with the laws and regulations applicable in that Member State.

The scope of the Regulation is restricted to drivers from non-member countries. The scope may be extended to drivers who are nationals of Member States, after evaluation by the Commission.

Driver attestations will be issued by a Member State to the haulier requesting them for each driver who is the national of a third country and whom he legally employs.

The attestation must comply with the model in the Annex to the Regulation. Driver attestations are issued for a period to be determined by the issuing Member State, subject however to a maximum validity of five years. The attestation must be produced whenever required by authorised inspecting officers.

The competent authorities of a Member State may withdraw a driver attestation where the holder:

• has failed to observe the conditions in accordance with which the attestation was issued;
• has supplied incorrect information in relation to the data required for the issue or renewal of a driver attestation.

A certified true copy of the driver attestation must be kept at the haulier's premises.

The original driver attestation must be kept on board the vehicle and presented for inspection whenever required by authorised inspecting officers.

Last updated: 19.07.2006