orys:
My point is: if he’s EMPLOYED by IRISH/POLISH/FRENCH company, he has to fulfill IRISH/POLISH/FRENCH requirements, even if he drivers only in UK.
Your point is at odds with Article 9 of the directive.
But you can always call it company policy! 
macplaxton:
Going back up a few posts Orys, if you’re driving trucks, details of the Polish licence have to be registered with the DVLA within 12 months.
Yes, you’re right. That’s why I have British counterpart license to my Polish photocard, I have GB driver number, I can accept fixed penalties, have some additional entitlements (I have bus provisional license valid in GB) and I am treated as Full UK license holder by insurers.
There are some interesting things about it:
This situation gives some advantages: for example I still have my Polish photocard, so if I complete 12 points, the court might ban me from driving IN BRITAIN only. They can’t take my Polish license away, as that’s not them who issued it. So if such case happened, I can move to France and start working as a driver there and as long as they won’t send me to UK I will be fine 
Saying that I am fully for europeanwide system of driving bans and I hope never to have to use that loophole
But there is another reason why I don’t want to exchange my Polish license to UK one: I did my lorry license before European Style CPC was introduced in Poland. Before that we had some slightly different CPC system and your medicals were attatched to it, not to your driving license. You had only some basic medicals and then if you wanted to work as a lorry driver, you had to obtain your CPC with medical examination much stricter even that what you have in UK now (a bit similar to what plane pilots have).
So both my B and C licenses are valid for unlimited period of time, but I wasn’t allowed to work in Poland as I never did this old style Polish CPC, as my intention was to work in UK and as for UK law, all I needed was European Driving License…
This is another interesting loophole: it means that you could get work in Britain legally without need of proper medical examination! This loophole is now closed, as now they don’t do unlimited licenses in Poland any more and medical examination is just the same as the ones you have in UK (although to be employed in Polish company, you still have to do this pilot-style medicals every few years and carry certificate of them in addition to your European Style CPC .
Off course I was in perfect health when I came to UK, but I never had it in writting
What mattered more for me that in that old system for example when you are too old to drive lorries for living, your CPC would be withdrawn from you, but not your rights to drive lorries. Therefore you can for example buy one of the Unicat campers or some vintage truck and still drive it legally as because you don’t do it for hire or reward, you don’t need your CPC 
That’s the main reason why I am not to keen to exchange my license, as if I exchange it to British, they make it 10 years only and then if I ever come back to Poland, they won’t just give my old one to me, but they just re-exchange my British again to Polish and as a result I will have Polish license valid only 10 years…
They don’t do unlimited licenses any more, so you can’t obtain it, but they can’t take it away from you as the law don’t work backwards
So even if the system will be unified (which I am all for), I will still be some exotic weirdo on grandpa’s laws
macplaxton:
orys:
My point is: if he’s EMPLOYED by IRISH/POLISH/FRENCH company, he has to fulfill IRISH/POLISH/FRENCH requirements, even if he drivers only in UK.Your point is at odds with Article 9 of the directive.
You mix two things here.
DRIVER’s duties are bound to where driver is located, and in that case you are right.
But the EMPLOYERS duties are made by the law of the country when COMPANY is located.
So he might be perfectly legal to WORK AND DRIVE in UK, as CPC here is not required here to work or drive.
He is perfectly legal to DRIVE in Ireland as well, as the CPC requirements are bound to the country of his residence, so as long as he goes there while employed by UK firm, he’s all right.
But he can’t be employed by the Irish company.
Law does not stop him to be employed by them. Laws stops them to give him a job. That where the difference is.
It’s just one of this asymetric things I mentioned with my other post.
orys:
macplaxton:
orys:
My point is: if he’s EMPLOYED by IRISH/POLISH/FRENCH company, he has to fulfill IRISH/POLISH/FRENCH requirements, even if he drivers only in UK.But he can’t be employed by the Irish company.
He can
switchlogic:
Took an email from someone quite high up in the RSA (Irelands VOSA) telling them those of us with UK licences didn’t have to comply.
The Road Safety Authority deals with an enforces Driver CPC rules in Ireland. A UK licence holder & UK resident with grandfather rights doesn’t need to do his ongoing CPC until 2014. This situation is covered in the “European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008” (Ireland). Which transposes the directive into national law. See section 12 sub paragraph (6).
Driver CPC has nothing to do with where the transport undertaking is based.
A UK licence holder deemed to have grandfather rights, UK resident OR working in the UK, can put off doing his CPC until 2014 AND still work for an Irish Transport undertaking WITHOUT having completed any part of the 35 hours ongoing training.
macplaxton:
Driver CPC has nothing to do with where the transport undertaking is based.
No, but rules regarding of who might be employed are.
As for the paragraph you quoted:
(6) A person referred to in Regulation 6(1)(b) or (c) who holds a CPC shall attend a compulsory periodic retraining course either the Member State in which he or she–
(a) has his or her normal residence, or
(b) undertakes his or her work.
It only says that you might renew your CPC in the country you work, which is logical as if you work in Greece using your European CPC issued in Ireland, you might not fancy to go to Ireland to renew it.
Back to the main subject: I assumed that CPC was required by law in Ireland before and that’s why it is required by employer. Off course: I might be wrong and the law in Ireland might be just the same like in UK and then in that case CPC is not required, as you introduced the system from the scratch and are in this changeover period.
But in the countries where CPC was required before, they only adjust the system to match European regulation and they do not stop require CPC out of sudden only because they now use european regulation. In other words: they don’t need changeover period, as CPC was required there before. Therefore for example in Poland he won’t be able to have his job without his CPC, as CPC was required in Poland for years and he has to be treated equally with the locals.
Orys dit:
So if such case happened, I can move to France and start working as a driver there and as long as they won’t send me to UK I will be fine
As long as you have FIMO and FCOS , no French entreprise would employ you without them, with Polish/ UK /French or any other licence
Edit :spelling
kerbut:
As long as you have FIMO and FCOS , no French would employ you without them, with Polish/ UK /French or any other licence
That’s another good example of that local rules can prevent someone from being employed in the country even if he has valid license and does not need CPC in his own country (or FIMO and FCOS for that matter)…
France was just as “another country” in my example