If a driver engaged in international or domestic road transport operations is unable to produce data recorded in a tachograph because the driver has been on sick leave, annual leave, has had a period of rest or has driven another vehicle exempted from the scope of Regulation (EC) No 561/2006, or has not driven a vehicle but was engaged in another type of work, or was available in accordance with Commission Decision No 2009/959/EU of 14 December 2009 amending Decision 2007/230/EC (Commission Decision 2007/230/EC on a form concerning social legislation relating to road transport activities), an activities attestation form must be issued in accordance with Regulation (EC) No 561/2006 or European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR).
An activities attestation form issued in accordance with Regulation (EC) No 561/2006 or AETR is not required if the driver has complied with the requirements of Article 34(3) of Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport, i.e. has entered the data manually onto the driver card of a digital tachograph, if the vehicle is fitted with a digital tachograph, or filled in a registration diagram (tachogram) manually, if the vehicle is fitted with an analogue tachograph.
The Commission has issued guidance [1] on the use of the form of attestation of activities.