{
  "url": "https://openlegislation.uk/eu-regulation-2009-1072/article-5",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-1072/article-5.json",
  "legislation": "eur/2009/1072",
  "legislation_title": "Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-1072",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Driver attestation",
  "text": "1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(1A.) A driver attestation must be issued by the Minister in accordance with this Regulation to any haulier who:\n(a) is the holder of a UK licence for the Community;\n(b) employs a driver who is lawfully permitted to seek employment in the United Kingdom; and\n(c) has employed that driver in compliance with any conditions of employment and vocational training laid down in the United Kingdom.\n2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(2A.) The driver attestation must be issued, at the request of the holder of the UK licence for the Community, for each driver who is not a national of the United Kingdom, a Member State or the EEA, nor a person lawfully in the United Kingdom who has a right to work in the United Kingdom whom that haulier lawfully employs, or who is put at the disposal of the haulier. Each driver attestation must certify that the driver named therein is employed in accordance with the conditions laid down in paragraph 1.\n3. The driver attestation shall correspond to the model set out in Annex III. It shall contain at least two of the security features listed in Annex I.\n4. The Minister may by regulation adapt Annex 3 to take account of technical progress.\n5. The driver attestation shall bear the seal of the issuing authority as well as a signature and a serial number. The serial number of the driver attestation may be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier who puts it at the disposal of the driver designated therein.\n6. The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a UK licence for the Community issued to that haulier. A certified true copy of the driver attestation issued under this Regulation shall be kept at the haulier’s premises. An EU driver attestation shall be presented to any authorised inspecting officer if that officer requests it.\n7. The Minister must determine the period of validity of a driver attestation, subject to a maximum validity of 5 years.\nThe driver attestation must be valid only as long as the conditions under which it was issued are satisfied. If those conditions are no longer satisfied, the Minister may require the haulier to return the driver attestation immediately.\n(8.) Regulations under this Article may—\n(a) include supplementary, incidental, consequential, transitional, transitory or saving provision: and\n(b) make different provision for different cases.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 5(1) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 5(1A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(a); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Art. 5(2) omitted (31.12.2020) by virtue of The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 5(2A) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(b); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Art. 5(4) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(c); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Art. 5(6)(7) substituted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(d); 2020 c. 1, Sch. 5 para. 1(1)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Art. 5(8) inserted (31.12.2020) by The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708), regs. 1(1), 13(6)(e); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/1072/article/5",
    "retrieved_at": "2026-11-01T14:51:08.264947+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}