Explanatory Note

(This note is not part of the Regulations)

These Regulations implement, for Northern Ireland, Directive 2007/59/EC (Official Journal L315, 3.12.2007 p. 51), the certification of train drivers driving locomotives and trains on the railway system in the Community.

They establish a system for the licensing and certification of train drivers who drive trains on the mainline railway network. A railway undertaking will not cause or permit a person to drive a train on the Northern Ireland network unless that person is the holder of a licence, recognised by Member States, attesting to compliance with minimum criteria as regards medical, educational and general professional skills, and a certificate indicating the infrastructure on which the holder is authorised to drive and the rolling stock which the holder is authorised to drive (regulation 4). In Northern Ireland licences may be granted by the Department for Regional Development (regulation 8), and certificates may be granted by a railway undertaking (regulation 9).

Associated provisions are included, in particular provision for the training and examination of train drivers (Part 9), the establishment of registers of licences and certificates (regulation 22 and 23), the suspension and withdrawal of licences and certificates (Part 11), and enforcement (regulation 41).

After they come into operation the Regulations take effect gradually in phases in 2011, 2013 and 2018 (regulation 41), but the Department and railway undertaking are empowered to issue licences and certificates in advance of their becoming mandatory (regulation 41).