Wheel Nut:
It seems there is one important paragraph we have missed.
The form of attestation should be used only if the tachograph records, for objective technical reasons, are unable to demonstrate that the provisions of Regulation (EC) No 561/2006 have been respected.
And having your weekly rest does not constitute a technical reason.
As I said previously in over 20 years of driving to Germany I have never been asked for the form and with a digi card they don’t even question the days for which there is no data. In Ye Days of Olde when I ran on crappy charts they would sometimes ask if I had a chart for a certain day when there were gaps. I would point out the charts either side of the gap showed me at home (finish and start locations) and tell them I was on rest and it was never a problem. Also currently when I am on weekly rest my vehicle is used by other drivers more often than not and even the fact the kilometre readings are different for the end of the shift before my rest period and the start of the one after this still doesn’t make them ask for a form.
Wheel Nut:
It seems there is one important paragraph we have missed.
The form of attestation should be used only if the tachograph records, for objective technical reasons, are unable to demonstrate that the provisions of Regulation (EC) No 561/2006 have been respected.
And having your weekly rest does not constitute a technical reason.
As I said previously in over 20 years of driving to Germany I have never been asked for the form and with a digi card they don’t even question the days for which there is no data. In Ye Days of Olde when I ran on crappy charts they would sometimes ask if I had a chart for a certain day when there were gaps. I would point out the charts either side of the gap showed me at home (finish and start locations) and tell them I was on rest and it was never a problem. Also currently when I am on weekly rest my vehicle is used by other drivers more often than not and even the fact the kilometre readings are different for the end of the shift before my rest period and the start of the one after this still doesn’t make them ask for a form.
We have linked to this several times but like 561/2006 it only says what it means. Pete can read English I think, it saves him having to translate official documents with google…
it states in the site if you put the digicard on rest and it shows this is excepeted
what they also say is if you read it correctly to save probelms when some one
forgets to show rest at the end of a weeks work , you can use the form to save
haveing problems, what is wrong in that ,This is what I was trying to explain to all
those doubters and it also stated this in the link shown plus the forms have at
paragraph 16 of the form the following
(16) sich im Urlaub oder in Ruhezeit befand
which means on Holiday or on in the second point weekend break
you can read the Link in the post before and it shows this as well!!!
and many german firms do this as posted before saves time trouble and strife
when you meet a german offical who has had a bad day, and it is recommened
by the BAG as well, I rest my case,
Fair enough point, but in reality what happens is all these officers who have had a bad day will continue to extract money under false pretences, other drivers will tell their mates and mmtm will rule, rather than the current legislation which is written in every official language of the EU.
We have all heard of the French and Belgians making up the rules to suit their holiday fund. Germany was always Black and White, no grey areas, let us keep it like that, appeal or better still refuse to play or pay trumped up charges.
We are not doubters, but if you have a load of blank attestation forms in your cab the BAG will look at you in that (you must pay) way
brit pete:
it states in the site if you put the digicard on rest and it shows this is excepeted
what they also say is if you read it correctly to save probelms when some one
forgets to show rest at the end of a weeks work , you can use the form to save
haveing problems, what is wrong in that ,This is what I was trying to explain to all
those doubters and it also stated this in the link shown plus the forms have at
paragraph 16 of the form the following
(16) sich im Urlaub oder in Ruhezeit befand
which means on Holiday or on in the second point weekend break
you can read the Link in the post before and it shows this as well!!!
and many german firms do this as posted before saves time trouble and strife
when you meet a german offical who has had a bad day, and it is recommened
by the BAG as well, I rest my case,
Once again Pete you are taking something that is a recommendation and stating it as a legal requirement. Sure you could use a form but if you have a tongue in your head you can explain it anyway so the form is then surplus to requirements.
Neil all I can reply to that is where I used to work and many of
my friends firms over here have gone over to issuing a form
to save any potential problems , when The person has taken their
weekend rest at home, No where was mentioned about carrying
blank forms as these are illegal, any why is it so wrong to use
preventive measures as the said form is laid out for this use any
way,and as I posted before Time lost in a debate with the officials
can cost money and possibly the contract , To me it makes sense
just like we used to leave a tip in the papers when doing the border
controls at Customs ever where nearly
a last thought it also states that the fines for non compliance
of the rules 100% correctly will be costly in the link I posted whats
cheaper for a firm to do give out to every driver who has a weekend
off at home a form when he restarts to work or risk getting a fine, ■■?
IF a mistake has been made,
brit pete:
Neil all I can reply to that is where I used to work and many of
my friends firms over here have gone over to issuing a form
to save any potential problems , when The person has taken their
weekend rest at home, No where was mentioned about carrying
blank forms as these are illegal, any why is it so wrong to use
preventive measures as the said form is laid out for this use any
way,and as I posted before Time lost in a debate with the officials
can cost money and possibly the contract , To me it makes sense
just like we used to leave a tip in the papers when doing the border
controls at Customs ever where nearly
Can’t disagree with any of that Pete but that is a long way from it being a legal requirement which is what you started off by saying, and have said on other threads on this subject. Fact is while it may be good advice and sensible it is not mandatory to have the form in Germany.
Neil its catch 22 as the germans post at the top when its needed
and then re-emphasize that if it is not correctly done and you have
no form with you then you get done,that is, When you forgot to set the Digi
card as required or to write on your tacho on the back ,
we could be at it for ever , Me if I was running a firm would rather
write the form out and give to the drivers when they start again after
their weekend off at home , I am not worried about the law its all about
less stress on the road when it can be avoided , Which in this day is bad enough
as it is,
Hi Guys, for some reason I am unable to open the link from WheelNut for the attestation form, can anyone post it in a format I can download,or point me in the direction of the relevant website please.
Hi Thanks Brit Pete, but it only opens a lot of gobbledygook, for some reason it won’t open a pdf file in word, I don’t know enough about computers to try and extract it. thanks anyway.
if you go on to the link and print it out #
the 2nd page has the letter on it and you can
then copy this and make a words letter which
you can save and use time and time again
Thanks BritPete, got it that time, to Vascoingles, my employer did not know about this form, that is how one of our drivers got fined 2000 euro’s last month, I do not want to be the next one so I try and help my employer, and they are a good company to work for, but thanks for your input.
sapper:
Thanks BritPete, got it that time, to Vascoingles, my employer did not know about this form, that is how one of our drivers got fined 2000 euro’s last month, I do not want to be the next one so I try and help my employer, and they are a good company to work for, but thanks for your input.
Sapper
WHY doesn’t your employer know about the attestation form though?
We’ve been talking about it amongst ourselves on here for years, including the newer updated version with a section for weekend rest. So it’s been around for long enough. Your employer presumably has an International CPC holder available (if it isn’t him/herself) or you wouldn’t have an International permit.
Just to be on the safe side, you’d better have a look through viewtopic.php?f=3&t=16589 .
In fact, I’d take notes if I was you, to pass on to your employer, just in case the attestation form isn’t the only thing they don’t know about.
Simon:
WHY doesn’t your employer know about the attestation form though?
We’ve been talking about it amongst ourselves on here for years, including the newer updated version with a section for weekend rest. So it’s been around for long enough. Your employer presumably has an International CPC holder available (if it isn’t him/herself) or you wouldn’t have an International permit.
sorry but maybe he should not be running goods vehicles then
