The Train Driving Licences and Certificates Regulations 2010

PART 8 TRAINING AND EXAMINATION

Training content

29.  Each railway undertaking and infrastructure manager that employs train drivers must ensure that their training—

(a) complies with the requirements of, and takes into account the guidance given in, Schedule 7;

(b) includes instruction on train driving licences and covers the general professional knowledge, and meets the objectives, set out in Schedule 3;

(c) includes instruction on train driving certificates, and covers the professional knowledge, and meets the objectives, set out in Schedules 4 and 5; and

(d) meets the requirements for continuous training which—

(i) are set up to ensure that staff competencies are maintained; and

(ii) form part of the safety management system of the railway undertaking or infrastructure manager.

Trainers

30.—(1) Subject to paragraph (2), a person may only provide training intended to enable a another—

(a) to pass the examination required by regulation 8(2)(f),

(b) to satisfy the condition in regulation 9(2)(b), or

(c) to pass the examinations required by regulation 9(2)(c),

if that person is a recognised trainer, or a trainer accredited or recognised to act as a trainer in another Member State in accordance with the requirements of article 20 of the Directive.

(2) Training relating to infrastructure knowledge, including route knowledge and operating rules and procedures, may only be provided by a recognised trainer.

Examinations

31.—(1) The ORR must—

(a) set or approve the general professional competence examination referred to in regulation 8(2)(f);

(b) designate the examiner; and

(c) include guidance and information about the examination in the publication it makes on its website in pursuance of regulation 10(1).

(2) Each railway undertaking and infrastructure manager must—

(a) set or approve the specific professional knowledge examinations relevant to its rolling stock or infrastructure, as the case may be, as referred to in regulation 9(2)(c);

(b) designate the examiner for the examinations it sets or approves; and

(c) include guidance and information about these examinations in the publication it makes on its website in pursuance of regulation 11(1).

(3) Subject to paragraph (4), a person may only be designated as an examiner under paragraphs (1)(b) or (2)(b) if that person is—

(a) a recognised examiner; or

(b) an examiner accredited or recognised to act as a examiner in another Member State in accordance with the requirements of article 20 of the Directive.

(4) In so far as an examination set or approved under paragraph (2)(a) is for infrastructure knowledge evaluation, including evaluation of route knowledge and operating rules and procedures, the examiner must be a recognised examiner.

(5) The ORR, railway undertaking or infrastructure manager, as the case may be, must ensure that any examination referred to in paragraphs (1)(a) or (2)(a) which they set or approve are organised in such a way as to avoid any conflict of interest arising.

(6) Notwithstanding paragraph (5), a railway undertaking or infrastructure manager may designate a recognised examiner under paragraph (2)(b) who is also its employee, provided the examiner has not trained the candidate for the examination.