Legal questions about Code 95? Get free advice!

Questioner

Good day, This concerns the - code 95 - mandatory additional training for maintaining driving skills in the transport sector. It is a European regulation. Please check whether the example below complies with European legislation. I worked in the FRG for a German employer 1/5 year ago. This was for a maximum of 2 months, which allowed me to remain registered in the Netherlands. Now I can no longer work in BRD for BRD company this year because the code 95 registration is now mandatory on your driving license in BRD, provided you have a German employment contract. If you are employed in the Netherlands, for example, you have a deferral until September 2016. Now the problem. Code 95 is a mandatory European refresher training for professional drivers. My German employer wanted to pay for my further training. However, this is not allowed because I am registered in the Netherlands and as a Dutch resident you are only allowed to follow additional training here in the Netherlands. If you are going to work for a foreign employer after completing further training abroad, you must apply for an additional certificate, which will give you the opportunity to work for a foreign employer. My question is, is this allowed since this is a European regulation? Isn't the system that you cannot follow this additional training abroad in conflict with the free movement of goods and services of EU residents? Certainly the fact that you have a separate certificate must get,a E89,=, is very special. And of course, further training in the Netherlands is one of the most expensive in the EU. Thanks and I look forward to receiving an answer.

Lawyer

I do not dare to answer how this legislation is structured, but in addition to European legislation, each country can also determine its own laws and regulations and you as a driver must adhere to them.

Questioner

Thanks for the response. However, what I am concerned about is that this is originally a European regulation, it concerns compulsory further training, so isn't it the case that every country must adhere to the European basic principles and that this further training can therefore be followed in every country? They have changed it a bit now, not when I worked abroad, you can now, if you can prove that you followed the course while employed abroad, have the code 95 added to your driving licence upon presentation of proof of employment. You have to realize that as a temporary employee, this additional training is very expensive and the content is shockingly poor. A bit of overregulation while the transport sector is still going through very bad times and these mandatory costs are of course not welcomed. it is a lobby product of the EC training clubs and does not really come from the transport sector. That is why it remains strange to me that you cannot follow this additional training throughout Europe.

Lawyer

Yes, unfortunately, it will always be the case that countries have European regulations and their own regulations.