36.—(1) Without prejudice to regulation 37, if the Department considers that the holder of a train driving certificate no longer satisfies a condition required for the holding of it the Department must—
(a)inform the railway undertaking which issued it of this view; and
(b)give that body a reasoned request for a review of the holders eligibility to hold the certificate, or for the certificate to be suspended or withdrawn.
(2) Upon receipt of such a request the railway undertaking must consider it and, within four weeks, notify the Department of its decision whether to suspend or withdraw the certificate or take any other action.
(3) Where the railway undertaking concludes that the holder no longer satisfies a condition required for the holding of the train driving certificate, it must take appropriate measures which may include—
(a)requiring the holder to undergo the relevant periodic examinations referred to in regulation 14(1); and
(b)suspension or withdrawal of the train driving certificate.
(4) Pending any suspension or withdrawal of the driving certificate or other conclusion on the request referred to in paragraph (1)(b), the Department may prohibit the holder from driving a train in Northern Ireland.
[F1(5) If the Department exercises the power in paragraph (4) it may inform the safety authorities.]
Textual Amendments
F1Reg. 36(5) substituted (31.12.2020) by The Railways (Amendment) (EU Exit) Regulations (Northern Ireland) 2019 (S.I. 2019/826), regs. 1(2), 42; 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 36 in force at 31.12.2010, see reg. 41(5)