17.—(1) A railway undertaking must establish a system for monitoring train drivers employed by it.
(2) If the results of that monitoring call into question a train driver’s competence for the job or the continuing validity of their train driving licence or train driving certificate, the railway undertaking must immediately take any necessary action which may include—
(a)informing the Department of matters relevant to the continuing validity of the licence;
(b)requiring that driver to undergo the relevant examinations and training referred to in regulations 8(1)(d) to (f) and 9(1)(b) to (d); and
(c)[F1suspending or withdrawing the driver’s train driving certificate].
(3) A train driver who considers that [F2their] state of health calls into question [F2their] fitness to drive trains must immediately inform the railway undertaking by whom [F3they are] employed.
(4) A railway undertaking that becomes aware that a train driver employed by it has failed to comply with regulation 13 or 15, or has failed an examination required by those regulations, or that the health of a train driver has deteriorated to a point where [F4the driver’s] fitness for the job is called into question, must immediately take any necessary action which may include—
(a)informing the Department of matters relevant to the continuing validity of the [F5driver’s train driving] licence;
(b)requiring that driver to undergo the relevant periodic examinations referred to in regulations 13 or 15; or
(c)[F6suspending] or [F6withdrawing] of [F7the driver’s] train driving certificate.
(2) A railway undertaking must inform the Department when a train driver employed by it has suffered work incapacity for a period of more than three months.
[F8(6) For the purposes of paragraphs (2) and (4) a train driving licence includes a European train driving licence and a GB train driving licence.]
Textual Amendments
F1Words in reg. 17(2)(c) substituted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(a)
F2Word in reg. 17(3) substituted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(b)
F3Words in reg. 17(3) substituted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(b)
F4Words in reg. 17(4) substituted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(c)
F5Words in reg. 17(4)(a) inserted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(d)
F6Word in reg. 17(4)(c) substituted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(e)
F7Words in reg. 17(4)(c) substituted (11.11.2013) by The Train Driving Licences and Certificates (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/236), regs. 1(1), 2(5)(e)
F8Reg. 17(6) inserted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 34; 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 17 in force at 31.12.2010, see reg. 41(5)