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8.—(1) The Department must issue a train driving licence to an applicant if it is satisfied the applicant has—
(a)attained the age of 20 years;
(b)completed nine years education (primary and secondary);
(c)successfully completed basic training equivalent to at least level 3 referred to in Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community(1);
(d)passed the required medical examination;
(e)passed the required occupational psychological fitness examination; and
(f)passed the required general professional competence examination.
(2) For the purpose of paragraph (1)(d) the required medical examination means a medical examination that covers the criteria set out in paragraph 1 of Schedule 1, includes the minimum content set out in paragraph 2(1) of Schedule 1 and is conducted by or under the supervision of a recognised doctor.
(3) For the purpose of paragraph (1)(e) the required occupational psychological fitness examination means an examination that comprises the minimum content set out in paragraph 2(2) of Schedule 1 and is conducted by or under the supervision of a recognised psychologist or recognised doctor.
(4) For the purpose of paragraph (1)(f) the required general professional competence examination means an examination that covers the objectives and requirements set out in Schedule 3.
9.—(1) A railway undertaking must issue a train driving certificate to an applicant if it is satisfied the applicant—
(a)is employed by it to be train driver;
(b)possesses the required language skills;
(c)has passed the required specific professional knowledge examinations; and
(d)has been trained by it in relation to its safety management system.
(2) For the purpose of paragraph (1)(b)—
(a)the required language skills means knowledge of the language relevant to the infrastructure to which the certificate is to relate that meets the language test requirements set out and referred to in paragraph 8 of Schedule 4; and
(b)to test this a railway undertaking may include a language component in the examinations referred to in paragraph (1)(c).
(3) For the purpose of paragraph (1)(c)—
(a)the required specific professional knowledge examinations means examinations of professional knowledge and competence relating to the rolling stock and to the infrastructure for which the certificate is sought (including route knowledge and operating rules and procedures) and covers the subjects set out in paragraphs 1 to 7 of Schedule 4 and in Schedule 5; and
(b)those examinations must comprise both theoretical and practical assessment including assessment of the driving ability of the applicant during driving tests on the infrastructure.
(4) For the purpose of paragraph (3)(b) simulators may be used for examining the application of operational rules and driver performance in particularly difficult situations.
(5) When determining whether to issue a train driving certificate a railway undertaking must take account of any document presented to it by the applicant that the applicant has obtained by virtue of regulation 16(3).
O.J. No. L199, 31.7.1985, p. 56.
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