The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013

Amendment of the Train Driving Licences and Certificates Regulations (Northern Ireland) 2010

2.—(1) The Train Driving Licences and Certificates Regulations (Northern Ireland) 2010(1) are amended as follows—

(2) In regulation 2, after the definition of “employed”, insert—

““in code form” is a reference to a code representing additional information or a medical restriction, as provided for in Commission Regulation 2010/36(2), as amended from time to time;”;

(3) In regulation 10 (procedure for obtaining a train driving licence) after (5) insert—

“(6) A person who is aggrieved by a decision not to issue a train driving licence may appeal to a tribunal established for the purposes of hearing an appeal under these Regulations”.

“(7) The model provisions with respect to appeals which are set out in The Deregulation (Model Appeals Provisions) Order (Northern Ireland) 1997(3) shall apply to an appeal under paragraph (6)”.

(4) In regulation 11 (procedure for obtaining a train driving certificate)—

(a) after paragraph (3) insert new paragraph—

“(3A) The model provisions with respect to appeals which are set out in the Deregulation (Model Appeals Provisions) Order (Northern Ireland) 1997 shall apply to an appeal under paragraph (3)”; and

(b) paragraphs (5) and (6) are deleted;

(c) existing paragraph (7) is renumbered paragraph (5).

(5) In regulation 17 (monitoring)—

(a) in paragraph (2)(c) for the words “suspension or withdrawal of their train driving certificate” substitute “suspending or withdrawing the driver’s train driving certificate”;

(b) in paragraph (3) omit the words “his” and “he is”, and substitute “their” and “they are”;

(c) in paragraph (4) omit the word “his” and substitute the words “the driver’s”;

(d) in paragraph (4)(a) after the words “of the”, insert “driver’s train driving”; and

(e) in paragraph (4)(c) omit the words “suspension” and “withdrawal” and substitute the words “suspending” and “withdrawing”, omit the word “his” and substitute the words “the driver’s”.

(6) After regulation 17(2)—

(a) delete the words “Part 6 REVIEW OF THE DEPARTMENT’S DECISIONS” and substitute the words “DECISIONS OF THE DEPARTMENT”

(b) paragraph 18(2) is deleted;

(c) paragraph 18(1) is renumbered paragraph 18.

(7) Regulation 19 (review process) is deleted.

(8) In regulation 37 (Serious threat to the safety of the railway) after (3) insert—

“(4) A person who is aggrieved by a decision to withdraw or suspend a train driving licence may appeal to a tribunal established for the purposes of hearing an appeal under these Regulations”.

“(5) The model provisions with respect to appeals which are set out in the Deregulation (Model Appeals Provisions) Order (Northern Ireland) 1997 shall apply to an appeal under paragraph (4)”.

(9) In regulation 40 (enforcement)—

(a) in paragraph (2) for “paragraph 4” substitute “paragraph 5”;

(b) in paragraph (2)(d) substitute “Regulation 40(4) of” for “Schedule 8 to”;

(c) in paragraph (3)(g) for “34 to 38” substitute “35 to 38” and after the word “offences” omit “and”;

(d) after paragraph (3)(g) insert new paragraph (4)—

“(4) The mode of trial and maximum penalty applicable to each offence under Article 31 of the 1978 Order so applied and listed in the first column of the following table are set out opposite that offence in the subsequent columns of the table”;

Offence	Mode of trial	Penalty on summary conviction	Penalty on conviction on indictment
An offence under article 31(1)(c), (e), (f), (g), (j), (k), (l), (m) or (n).	Summarily or on indictment.	Imprisonment for a term of not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(4) as if the offence was triable only summarily, or both.	Imprisonment for a term not exceeding 2 years, or a fine, or both.
An offence under article 33(l)(h).	Summarily only.	Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale or both.
An offence under article 33(l)(n)	Summarily only.	A fine not exceeding level 5 on the standard scale.

(e) existing paragraph (4) is renumbered paragraph (5).

(10) Schedule 8 is deleted.

(1)

SR 2010/132

(2)

O.J. L. 162, 29.6.2010

(3)

SR 1997 No.269

(4)

“The standard scale”, in relation to Northern Ireland, has the meaning given by Article 3(2) of the Criminal Justice (Northern Ireland) Order 1994 No. 2795 (N.I. 15).