Search Legislation

Directive 2007/59/EC of the European Parliament and of the CouncilShow full title

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community

 Help about what version

What Version

 Help about advanced features

Advanced Features

More Resources

 Help about UK-EU Regulation

Legislation originating from the EU

When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.

Close

This item of legislation originated from the EU

Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).

Status:

EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.

ANNEX IU.K.COMMUNITY MODEL LICENCE AND HARMONISED COMPLEMENTARY CERTIFICATE

1.CHARACTERISTICS OF THE LICENCEU.K.

The physical characteristics of the train driver’s licence must be in conformity with ISO standards 7810 and 7816-1.

The card must be made of polycarbonate.

The methods for verifying the characteristics of the driving licences to ensure that they are consistent with international standards must comply with ISO standard 10373.

2.CONTENTS OF THE LICENCEU.K.

The front of the licence must contain:

(a)

the words ‘Train driver’s licence’ printed in large type in the language or languages of the Member State issuing the licence;

(b)

the name of the Member State issuing the licence;

(c)

the distinguishing sign of the Member State issuing the licence in accordance with the country’s ISO 3166 code, printed in negative in a blue rectangle and encircled by 12 yellow stars;

(d)

information specific to the licence issued, numbered as follows:

(i)

the surname of the holder;

(ii)

other name(s) of the holder;

(iii)

the date and place of birth of the holder;

(iv)
  • the date of issue of the licence,

  • the date of expiry of the licence,

  • the name of the issuing authority,

  • the reference number assigned to the employee by the employer (optional);

(v)

the number of the licence giving access to data in the national register;

(vi)

a photograph of the holder;

(vii)

the signature of the holder;

(viii)

the permanent place of residence or postal address of the holder (optional);

(e)

the words ‘European Communities model’ in the language or languages of the Member State issuing the licence and the words ‘Train driving licence’ in the other languages of the Community, printed in yellow to form the background of the licence;

(f)

the reference colours:

  • blue: Pantone Reflex blue,

  • yellow: Pantone yellow;

(g)

additional information, or medical restrictions for use imposed by a competent authority in accordance with Annex II, in code form.

The codes shall be decided by the Commission, in accordance with the regulatory procedure referred to in Article 32(2) and on the basis of a recommendation from the Agency.

3.CERTIFICATEU.K.

The certificate must contain:

(a)

the surname of the holder;

(b)

other name(s) of the holder;

(c)

the date and place of birth of the holder;

(d)
  • the date of issue of the certificate,

  • the date of expiry of the certificate,

  • the name of the issuing authority,

  • the reference number assigned to the employee by the employer (optional);

(e)

the number of the licence giving access to data in the national register;

(f)

a photograph of the holder;

(g)

the signature of the holder;

(h)

the permanent place of residence or postal address of the holder (optional);

(i)

the name and address of the railway undertaking or infrastructure manager for which the driver is authorised to drive trains;

(j)

the category in which the holder is entitled to drive;

(k)

the type or types of rolling stock which the holder is authorised to drive;

(l)

the infrastructures on which the holder is authorised to drive;

(m)

any additional information or restrictions;

(n)

language skills.

4.MINIMUM DATA CONTAINED IN NATIONAL REGISTERSU.K.

(a)

Data relating to the licence:

All data appearing on the licence plus data relating to checking requirements set out in Article 11 and 16.

(b)

Data relating to the certificate:

All data appearing on the certificate plus data relating to checking requirements set out in Articles 12, 13 and 16.

ANNEX IIU.K.MEDICAL REQUIREMENTS

1.GENERAL REQUIREMENTSU.K.

1.1.Drivers must not be suffering from any medical conditions or be taking any medication, drugs or substances which are likely to cause:U.K.

  • a sudden loss of consciousness,

  • a reduction in attention or concentration,

  • sudden incapacity,

  • a loss of balance or coordination,

  • significant limitation of mobility.

1.2.VisionU.K.

The following requirements as regards vision must be complied with:

  • aided or unaided distance visual acuity: 1,0; minimum of 0,5 for the worse eye,

  • maximum corrective lenses: hypermetropia + 5/myopia -8. Derogations are authorised in exceptional cases and after having obtained the opinion of an eye specialist. The medical doctor then takes the decision,

  • near and intermediate vision: sufficient, whether aided or unaided,

  • contact lenses and glasses are authorised when periodically checked by a specialist,

  • normal colour vision: use of a recognised test, such as Ishihara, as well as another recognised test if required,

  • field of vision: full,

  • [F1vision for both eyes: effective,]

  • binocular vision: effective,

  • recognition of colour signals: the test shall be based on recognition of single colours and not on relative differences,

  • sensitivity to contrasts: good,

  • no progressive eye diseases,

  • lens implants, keratotomies and keratectomies are allowed only on condition that they are checked on a yearly basis or at intervals set by the medical doctor,

  • ability to withstand dazzle,

  • coloured contact lenses and photochromatic lenses are not allowed. UV filter lenses are allowed.

1.3.Hearing and speaking requirementsU.K.

Sufficient hearing confirmed by an audiogram, i.e.:

  • hearing good enough to hold a phone conversation and to be able to hear warning sounds and radio messages.

The following values should be taken as guidelines:

  • the hearing deficiency must not be higher than 40 dB at 500 and 1 000 Hz,

  • the hearing deficiency must not be higher than 45 dB at 2 000 Hz for the ear with the worst air conduction of sound,

  • no anomaly of the vestibular system,

  • no chronic speech disorder (given the necessity to exchange messages loudly and clearly),

  • the use of hearing aids is allowed in special cases.

1.4.PregnancyU.K.

In the event of poor tolerance or a pathological condition, pregnancy must be considered to be a reason for the temporary exclusion of drivers. Legal provisions protecting pregnant drivers must be applied.

2.MINIMUM CONTENT OF THE EXAMINATION BEFORE APPOINTMENTU.K.

2.1.Medical examinations:U.K.

  • a general medical examination,

  • examinations of sensory functions (vision, hearing, colour perception),

  • blood or urine tests, testing among others for diabetes mellitus, insofar as they are necessary to judge the candidate’s physical aptitude,

  • an Electro-Cardiogram (ECG) at rest,

  • tests for psychotropic substances such as illicit drugs or psychotropic medication and the abuse of alcohol calling into question the fitness for the job,

  • cognitive: attention and concentration; memory; perception; reasoning,

  • communication,

  • psychomotor: reaction time, hand coordination.

2.2.Occupational psychological examinationsU.K.

The purpose of the occupational psychological examinations is to assist in the appointment and management of staff. In determining the content of the psychological evaluation, the examination must assess that the applicant driver has no established occupational psychological deficiencies, particularly in operational aptitudes or any relevant personality factor, which are likely to interfere with the safe exercise of the duties.

3.PERIODIC EXAMINATIONS AFTER APPOINTMENTU.K.

3.1.FrequencyU.K.

Medical examinations (physical fitness) must be taken at least every three years up to the age of 55, thereafter every year.

In addition to this frequency, the medical doctor accredited or recognised under Article 20 must increase the frequency of examinations if the health of the member of staff so requires.

Without prejudice to Article 16(1) an appropriate medical examination must be carried out when there is a reason to doubt that a holder of the licence or certificate no longer fulfils the medical requirements set out in section 1 of Annex II.

Physical fitness must be checked regularly and after any occupational accident or any period of absence following an accident involving persons. The medical doctor accredited or recognised under Article 20 can decide to carry out an additional appropriate medical examination, particularly after a period of at least 30 days’ sick leave. The employer must ask the medical doctor accredited or recognised under Article 20 to check the physical fitness of the driver if the employer had to withdraw the driver from service for safety reasons.

3.2.Minimum content of the periodic medical examinationU.K.

If the driver complies with the criteria required for the examination which is carried out before appointment, the periodic examinations must include as a minimum:

  • a general medical examination,

  • an examination of sensory functions (vision, hearing, colour perception),

  • blood or urine tests to detect diabetes mellitus and other conditions as indicated by the clinical examination,

  • tests for drugs where clinically indicated.

In addition, an ECG at rest is also required for train drivers over 40 years of age.

ANNEX IIIU.K.TRAINING METHOD

There must be a good balance between theoretical training (classroom and demonstrations) and practical training (on-the-job experience, driving with supervision and driving without supervision on tracks which are closed off for training purposes).

Computer-aided training must be accepted for individual learning of the operational rules, signalling situations, etc.

The use of simulators, although not obligatory, may be useful for the effective training of drivers; they are particularly useful for training in abnormal working conditions or for rules infrequently applied. They have a particular advantage in their ability to provide learning-by-doing capability for events that cannot be trained in the real world. In principle, simulators of the latest generation must be used.

Concerning the acquisition of route knowledge, the approach to be favoured must be where the train driver accompanies another driver for an appropriate number of journeys along the route, in daylight as well as at night. Videos of the routes as seen from the driver’s cab may be used, among other methods, as an alternative training method.

[F1ANNEX IV U.K. GENERAL PROFESSIONAL KNOWLEDGE AND REQUIREMENTS REGARDING THE LICENCE

The objective of the general training is to provide general competence on all aspects that are relevant to the train driver's profession. The general training in this respect will focus on basic knowledge and principles that are applicable independently of the type and nature of rolling stock or infrastructure. It can be organised without practical exercises.

Competence with regard to specific types of rolling stock or with regard to safety and operating rules and techniques for a particular infrastructure is not part of general competence. Training to provide specific rolling stock or infrastructure competence relates to the train driver's certificate and is specified in Annexes V and VI.

The general training covers subjects (1) to (7) listed below. The order in which they are listed is not an order of priority.

The verbs used in the list indicate the nature of the competence expected to be achieved by the trainee. Their meaning is described in the following table:

Nature of competence Description
to know, to describe describes the acquisition of knowledge (data, facts) that is needed to understand relationships
to understand, to identify describes the identification and memorisation of context, task performance and problem solving in a defined framework
(1)

A driver's work, the work environment, the driver's role and responsibility in the process of rail operation, the professional and personal demands of the driver's duties

(a)

to know the general thrust of legislation and rules applicable to rail operation and safety (requirements and procedures regarding the certification of train drivers, dangerous goods, environmental protection, fire protection, etc.),

(b)

to understand the specific requirements and professional and personal demands (working mainly on one's own, shift work over 24 hour cycle, individual protection and security, reading and updating documents, etc.),

(c)

to understand behaviours which are compatible with safety-critical responsibilities (medication, alcohol, drugs and other psychoactive substances, illness, stress, fatigue, etc.),

(d)

to identify the reference and operating documents (e.g. rule book, route book, driver's manual, etc.),

(e)

to identify the responsibilities and functions of persons involved,

(f)

to understand the importance of being precise in carrying out duties and in working methods,

(g)

to understand occupational health and safety (e.g. code of behaviour on and near tracks, code of behaviour for getting on and off the traction unit safely, ergonomics, staff safety rules, personal protective equipment, etc.),

(h)

to know behavioural skills and principles (stress management, extreme situations, etc.),

(i)

to know the principles of environmental protection (sustainable driving, etc.).

(2)

Railway technologies, including safety principles behind operational regulations

(a)

to know the principles, regulations and provisions regarding safety in rail operation,

(b)

to identify the responsibilities and functions of persons involved.

(3)

Basic principles of railway infrastructure

(a)

to know systematic and structural principles and parameters,

(b)

to know the general characteristics of tracks, stations, marshalling yards,

(c)

to know railway structures (bridges, tunnels, points, etc.),

(d)

to know operating modes (single track, double track operation, etc.),

(e)

to know signalling and train control systems,

(f)

to know safety installations (hot-axle box detectors, smoke detectors in tunnels, etc.),

(g)

to know traction power supply (catenary, third rail, etc.).

(4)

Basic principles of operational communication

(a)

to know the significance of communication and the means and procedures for communicating,

(b)

to identify persons the driver needs to contact and their role and responsibility (staff of the infrastructure manager, working duties of other train staff, etc.),

(c)

to identify situations/causes that require communication to be initiated,

(d)

to understand communication methods.

(5)

Trains, their composition and the technical requirements for traction units, wagons, coaches and other rolling stock

(a)

to know the generic types of traction (electric, diesel, steam, etc.),

(b)

to describe the layout of a vehicle (bogies, bodies, driving cab, protection systems, etc.),

(c)

to know the content and systems of labelling,

(d)

to know the documentation on train composition,

(e)

to understand braking systems and performance calculation,

(f)

to identify train speed,

(g)

to identify maximum load and forces at the coupler,

(h)

to know the operation and purpose of the train management system.

(6)

Hazards involved in railway operations in general

(a)

to understand the principles governing traffic safety,

(b)

to know the risks related to railway operation and the various means to be used to mitigate them,

(c)

to know safety-relevant incidents and understand the required behaviour/reaction,

(d)

to know the procedures applicable to accidents involving persons (e.g. evacuation).

(7)

Basic principles of physics

(a)

to understand forces at the wheel,

(b)

to identify factors influencing accelerating and braking performance (weather conditions, braking equipment, reduced adhesion, sanding, etc.),

(c)

to understand principles of electricity (circuits, measuring voltage, etc.).]

ANNEX VU.K.PROFESSIONAL KNOWLEDGE OF ROLLING STOCK AND REQUIREMENTS REGARDING THE CERTIFICATE

After completing specific training in relation to rolling stock, drivers must be able to carry out the following tasks:U.K.

1.TESTS AND CHECKS PRIOR TO DEPARTUREU.K.

Drivers must be able to:

  • collect the documentation and the necessary equipment,

  • check the capacities of the traction unit,

  • check the information entered in the documents on board the traction unit,

  • ensure, by performing the checks and tests specified, that the traction unit is capable of providing the required traction power, and that the safety equipment is operating,

  • checking the availability and functionality of the prescribed protection and safety equipments at the handover of a locomotive or at the start of a trip,

  • perform any routine preventive maintenance operations.

2.KNOWLEDGE OF ROLLING STOCKU.K.

To operate a locomotive, drivers must be familiar with all the controls and indicators placed at their disposal, in particular those concerning:

  • traction,

  • braking,

  • traffic safety-related elements.

In order to detect and locate anomalies in the rolling stock, report them and determine what is required to repair them, and in certain cases, to take action, drivers must be familiar with:

  • mechanical structures,

  • suspension and attachment equipment,

  • running gear,

  • safety equipment,

  • fuel tanks, fuel supply system, exhaust equipment,

  • the meaning of markings on the inside and outside of the rolling stock, in particular the symbols used for the transportation of dangerous goods,

  • trip registration systems,

  • electrical and pneumatic systems,

  • collection of current and high-voltage systems,

  • communication equipment (ground-to-train radio, etc.),

  • arrangements of trips,

  • the constituent parts of the rolling stock, their purpose, and the devices specific to the hauled stocks, in particular the system of stopping the train by venting the brake pipe,

  • braking system,

  • the parts specific to traction units,

  • traction chain, motors and transmission.

3.TESTING THE BRAKESU.K.

Drivers must be able to:

  • check and calculate, before departure, that the train’s braking power corresponds to the braking power required for the line, as specified in the vehicle documents,

  • check the functioning of the various components of the braking system of the traction unit and of the train, as appropriate, before departure, at start-up and during running.

4.OPERATING MODE AND MAXIMUM SPEED OF THE TRAIN IN RELATION TO THE LINE CHARACTERISTICSU.K.

Drivers must be able to:

  • take note of information given to them before departure,

  • determine the type of running and the limit speed of the train on the basis of variables such as speed limits, weather conditions or any signalling changes.

5.DRIVING THE TRAIN IN A WAY WHICH DOES NOT DAMAGE INSTALLATIONS OR VEHICLESU.K.

Drivers must be able to:

  • use all available control systems in accordance with the applicable rules,

  • start the train taking account of adhesion and power constraints,

  • apply the brakes for decelerations and stops, taking account of the rolling stock and installations.

6.ANOMALIESU.K.

Drivers must:

  • be able to be attentive to unusual occurrences concerning the behaviour of the train,

  • be able to inspect the train and identify signs of anomalies, distinguish between them, react according to their relative importance and try to remedy them, always giving priority to the safety of rail traffic and persons,

  • know the available means of protection and communication.

7.OPERATING INCIDENTS AND ACCIDENTS, FIRES AND ACCIDENTS INVOLVING PERSONSU.K.

Drivers must:

  • be able to take steps to protect the train and summon assistance in the event of an accident involving persons on board the train,

  • be able to determine whether the train is transporting dangerous goods and identify them on the basis of train documents and wagon lists,

  • know the procedures relating to the evacuation of a train in case of emergency.

8.CONDITIONS FOR CONTINUING RUNNING AFTER AN INCIDENT INVOLVING ROLLING STOCKU.K.

After an incident, drivers must be able to assess whether the vehicle can continue to run and under what conditions, so as to inform the infrastructure manager of those conditions as soon as possible.

Drivers must be able to determine if an expert evaluation is necessary before the train can continue.

9.IMMOBILISATION OF THE TRAINU.K.

Drivers must be able to take measures to ensure that the train, or parts thereof, does not start up or move unexpectedly, even in the most difficult conditions.

Furthermore, drivers must have knowledge about measures which can stop a train or parts thereof in case it has started to move unexpectedly.

ANNEX VIU.K.PROFESSIONAL KNOWLEDGE OF INFRASTRUCTURE AND REQUIREMENTS REGARDING THE CERTIFICATEMatters relating to infrastructure

1.TESTING THE BRAKESU.K.

Drivers must be able to check and calculate, before departure, that the train’s braking power corresponds to the braking power required for the line, as specified in the vehicle documents.

2.TYPE OF OPERATION AND MAXIMUM TRAIN SPEED ACCORDING TO THE LINE CHARACTERISTICSU.K.

Drivers must be able to:

  • take note of information given to them, such as the speed limits or any signalling changes,

  • determine the type of running and the limit speed of the train on the basis of the characteristics of the line.

3.KNOWLEDGE OF THE LINEU.K.

Drivers must be able to anticipate problems and react appropriately in terms of safety and other performances, such as punctuality and economic aspects. They must therefore have a thorough knowledge of the railway lines and installations on their route and of any alternative routes agreed on.

The following aspects are important:

  • operational conditions (changes of track, one-way running, etc.),

  • perform a route check and consult the relevant documents,

  • identification of tracks that can be used for a given type of running,

  • the applicable traffic rules and the meaning of the signalling system,

  • the operations regime,

  • the block system and associated regulations,

  • station names and the position, and distance-sighting of stations and signal boxes to adapt driving accordingly,

  • transition signalling between different operating or power supply systems,

  • speed limits for the different train categories driven,

  • topographical profiles,

  • particular braking conditions, for example on lines with a steep downward gradient,

  • particular operating features: special signals, signs, departure conditions, etc.

4.SAFETY REGULATIONSU.K.

Drivers must be able to:

  • start the trains only when all prescribed conditions are fulfilled (timetable, start order or signal, operation of signals if required, etc.),

  • observe track-side and in-cab signals, interpret them immediately and without error, and act as specified,

  • run the train safely according to the specific modes of operation: apply special modes if instructed, temporary speed restrictions, running in opposite direction, permission to pass signals at danger, switching operations, turns, running through construction sites, etc.,

  • respect scheduled or supplementary stops, and if necessary perform supplementary operations for passengers during these stops, notably opening and closing the doors.

5.DRIVING THE TRAINU.K.

Drivers must be able to:

  • know the train’s position on the line at all times,

  • apply the brakes for decelerations and stops, taking account of the rolling stock and installations,

  • adjust the running of the train in accordance with the timetable and any orders given on saving energy, taking account of the characteristics of the traction unit, the train, the line and the environment.

6.ANOMALIESU.K.

Drivers must be able to:

  • be attentive, insofar as train operation permits, to unusual occurrences concerning the infrastructure and the environment: signals, tracks, energy supply, level crossings, track surrounding, other traffic,

  • know particular distances to clear obstacles,

  • inform the infrastructure manager as soon as possible of the place and nature of anomalies observed, making sure that the information has been understood,

  • taking into account the infrastructure, ensure or take measures to ensure the safety of traffic and persons, whenever necessary.

7.OPERATING INCIDENTS AND ACCIDENTS, FIRES AND ACCIDENTS INVOLVING PERSONSU.K.

Drivers must be able to:

  • take steps to protect the train and summon assistance in the event of an accident involving persons,

  • determine where to stop the train in the event of a fire and facilitate the evacuation of passengers, if necessary,

  • provide useful information on the fire as soon as possible if the fire cannot be brought under control by the driver acting alone,

  • inform the infrastructure manager of these conditions as soon as possible,

  • assess whether the infrastructure allows the vehicle to continue to run and under which conditions.

[F28. LANGUAGE U.K.

(1) Drivers who have to communicate with the infrastructure manager on critical safety issues must have the necessary language skills in at least one of the languages indicated by the infrastructure manager concerned. Their language skills must allow them to communicate actively and effectively in routine, degraded and emergency situations. They must be able to use the messages and communication method specified in the Operations and traffic management TSI. U.K.

(2) In order to satisfy the requirements provided for in paragraph 1, drivers must be able to understand (both orally and in writing) and to communicate (both orally and in writing) according to level B1 of the Common European Framework of Reference for Languages (CEFR) established by the Council of Europe. U.K.

(3) In case where the train operations take place in sections between the borders and the stations situated close to the borders and designated for cross border operations, drivers of trains operated by a railway undertaking may be exempted by the infrastructure manager from the requirements of paragraph 2, provided that the following procedure is applied: U.K.

(a)

the railway undertaking shall request the infrastructure manager for a derogation with regard to the concerned drivers. In order to ensure a fair and equal treatment of the applicants, the infrastructure manager shall apply to each submitted request for derogation the same assessment procedure, which shall be part of the network statement;

(b)

the infrastructure manager shall grant a derogation if the railway undertaking demonstrates that it has made sufficient arrangements for ensuring communication between the concerned drivers and the staff of the infrastructure manager in routine, degraded and emergency situations, as provided for in paragraph 1;

(c)

railway undertakings and infrastructure managers shall ensure that the concerned staff is aware of those rules and arrangements and receive appropriate training through their safety management systems.

(4) One or several railway undertakings in cooperation with one or several infrastructure managers (the applicants) may carry out pilot projects to test alternative means of ensuring the effective communication required by paragraph 1. The following procedure shall apply: U.K.

(a)

the applicants shall identify the parts of the network and nature of the services concerned, the initial duration of the pilot project and in particular:

i)

specify the scope of the pilot project,

ii)

indicate what alternative language competences they propose to apply,

iii)

describe which additional tools they propose to use to support communication in routine, degraded and emergency situations,

iv)

demonstrate how the alternative language competences and additional tools ensure at least an equivalent level of safety to full compliance with the requirements of paragraph 1, when integrated in their respective Safety Management Systems (1) ,

v)

explain how they shall implement the pilot project in their Safety Management System, including training programs and documentation of the results, and

vi)

consult the representatives of the concerned staff in the process of preparing the application.

(b)

The applicants shall request the opinion of the concerned national safety authority/authorities that issued their single safety certificate(s) or safety authorisation(s), and of the European Union Agency for Railways, where it is the safety certification body ( the authorising entity or entities ). Each authorising entity shall issue an opinion on whether the alternative means ensure at least an equivalent level of safety to full compliance with the requirements of paragraph 1, within 60 days from the day the last authorising entity concerned has received the request. In case several authorising entities are involved, they are encouraged to work together and ensure coordination.

The opinions shall assess in particular whether the following conditions are fulfilled:

i)

the proposed alternative language competences and other tools for communication are sufficient to ensure effective communication between the concerned drivers and the staff of the infrastructure manager in routine, degraded and emergency situations.

ii)

the safety management systems of the applicants have been adapted to using alternative language competences and other tools for communication.

iii)

the applicants have provided evidence that these tools have been tested under operational conditions involving drivers fulfilling the language requirements of paragraph 2.

iv)

all concerned staff of the railway undertaking and infrastructure manager have received appropriate training through their safety management systems.

In the event of diverging opinions, the provisions of point (5) second subparagraph shall apply.

(c)

The applicants shall jointly submit to the Commission an application for derogation from paragraph 2, including the opinions of the authorising entity or entities and the detailed description of the pilot project on which the opinions are based. Alternatively, the participants in the project can designate a coordinator among them, who may submit the joint application on behalf of all participants in the project.

(5) The Commission shall, within 60 days after receiving a complete application, grant a derogation from paragraph 2: U.K.

(a)

where the opinions of the authorising entity or entities are positive; and

(b)

where it is demonstrated that equal and non-discriminatory treatment of all applications as well as legal coherence at Union level is ensured.

In the event of diverging opinions, or a failure of one or more authorising entities to deliver an opinion within the prescribed time limit, the applicants may request the Commission to find a mutually acceptable solution, in cooperation with the parties involved. If no mutually acceptable solution can be found within 90 days after receiving a request for derogation, the pilot project shall be deemed to be refused. The Commission may request the opinion of the European Union Agency for Railways, and shall do so where the opinion of each authorising entity is negative.

(6) The derogation shall be granted for a limited period of time and shall not exceed 36 months. Where the derogation has been granted for a shorter period of time, it may be renewed provided that the total duration of 36 months is not exceeded. U.K.

(7) On request by interested railway undertakings and where justified, an infrastructure manager shall offer other railway undertakings using a section of the network on which a pilot project is on-going, the possibility to participate in the pilot project subject to a positive opinion by the authorising entities concerned. Such additional participation shall be notified to the Commission by the infrastructure manager. U.K.

In case of changes in the scope of the pilot projects, in particular the part of the network in which the project is carried out, the alternative language competences and the additional tools used for communication, the procedure described in point (4) shall apply.

(8) The railway undertaking and infrastructure manager shall ensure that the operation of the pilot project is appropriately documented in their safety management systems. Records shall be kept for 24 months after the end of the pilot project, in particular of the staff involved, the training they have received, the services operated and any issues encountered during the pilot project. The concerned train drivers shall have the relevant information included in their complementary certificates. U.K.

(9) After the end of each pilot project, the railway undertaking(s) and infrastructure manager(s) involved shall report to the authorising entities concerned. Where the duration of a derogation exceeds one year, the railway undertaking(s) and the infrastructure manager(s) shall report on a yearly basis within their annual safety reports according to Article 9(6) of Directive (EU) 2016/798. The national safety authorities concerned shall report the results of pilot projects in their annual reports according to Article 19 of Directive (EU) 2016/798. Based on a common framework for assessment, the European Union Agency for Railways shall analyse the results of the pilot projects and submit a report to the Commission. U.K.

(10) The Commission may suspend the derogation granted if it considers that the conditions are no longer fulfilled or where safety concerns arise. A national safety authority, railway undertaking or infrastructure manager shall immediately inform the Commission in case any safety concerns arise. U.K.

(11) The European Union Agency for Railways shall publish on its website a list of pilot projects authorised by the Commission, including a short description of the project and the period for which it is authorised as well as any other relevant information, such as discontinuation or suspension of the projects.] U.K.

ANNEX VIIU.K.FREQUENCY OF EXAMINATIONS

The minimum frequency of the periodic checks shall be as follows:

(a)

linguistic knowledge (only for non-native speakers): every three years or after any absence of more than one year;

(b)

infrastructure knowledge (including route and operation rules knowledge): every three years or after any absence of more than one year on the relevant route;

(c)

knowledge of rolling stock: every three years.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the EU Official Journal
  • lists of changes made by and/or affecting this legislation item
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as adopted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources