The Train Driving Licences and Certificates Regulations 2010

PART 2 U.K. LICENSING AND CERTIFICATION OF TRAIN DRIVERS

Requirement for licences and certificates U.K.

4.— [F1 (1) Subject to paragraph (12), a railway undertaking or infrastructure manager must not deploy a person to drive a train unless that person is authorised to do so—

(a) by a train driving licence;

(b) by a Northern Ireland train driving licence; or

(c) [F2 in the British Channel Tunnel zone], by a European train driving licence.]

(2) Subject to paragraphs (7) and (12), a railway undertaking must not deploy a person to drive a particular type of train, or to drive a train on particular infrastructure, unless that person is authorised to do so by a train driving certificate issued by it.

(3) Subject to paragraphs (7) and (12), an infrastructure manager must not deploy a person to drive a particular type of train, or to drive a train on particular infrastructure, unless that person is authorised to do so by a train driving certificate issued by it.

[F3 (4) Subject to paragraphs (7) and (12) a person must not drive a train unless that person is authorised to do so by—

(a) a train driving licence, a Northern Ireland train driving licence, or, [F4 in the British Channel Tunnel zone], a European train driving licence; and

(b) a train driving certificate for the type of train driven and the infrastructure driven on, issued by the railway undertaking or infrastructure manager by whom that person is deployed to drive a train.]

[F5 (4A) For the purposes of paragraphs (5) (6) (8) (12) and (13) a train driving licence includes a Northern Ireland train driving licence and, [F6 in the British Channel Tunnel zone], a European train driving licence.]

[F7 (4B) Subject to paragraphs (7) and (12)—

(a) a railway undertaking or an infrastructure manager must not deploy a person to drive a particular type of train in the French Channel Tunnel zone unless that person is authorised to drive that type of train in that zone by a train driving certificate issued by it; and

(b) a person must not drive a particular type of train in the French Channel Tunnel zone unless that person is authorised to drive that type of train in that zone by a train driving certificate issued by the railway undertaking or infrastructure manager by whom that person is deployed to drive a train.]

(5) Subject to paragraphs (7) and (12), a person who drives a train must have the required train driving licence and train driving certificate with them whilst driving it, or otherwise be able on board the train to satisfy the ORR, or their inspector duly appointed under regulation 38, that they are so authorised to drive the train by the required train driving licence and train driving certificate.

(6) Subject to paragraphs (7) and (12), a railway undertaking, or infrastructure manager, must take reasonable steps to ensure that a person it deploys to drive a train has the required train driving licence and train driving certificate with them whilst driving it, or are otherwise able to satisfy the requirements of paragraph (5).

(7) Subject to paragraph (8), and if a railway undertaking so decides, a train driver it deploys to drive a train on specific infrastructure need not be authorised by a train driving certificate to drive it on that infrastructure in the following cases—

(a) where a disturbance to railway services has occurred which requires the re-routing of the train or the maintenance of tracks, as specified by the infrastructure manager concerned;

(b) an exceptional one-off service which uses a historical train;

(c) an exceptional one-off freight service provided that the infrastructure manager concerned has agreed;

(d) the delivery of, or demonstration of, a new train; or

(e) to enable the training or the examination of the train driver.

(8) Paragraph (7) does not apply unless—

(a) subject to paragraph (9), another train driver, who holds a train driving licence and a train driving certificate relating to the specific infrastructure, accompanies and supervises the driver in the cab whilst the train is driven on that infrastructure; and

(b) the infrastructure manager of the specific infrastructure is given prior notice.

F8 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) An infrastructure manager may not oblige a railway undertaking to make a decision under paragraph (7).

(11) [F9 A Northern Ireland train driving licence or, [F10 in the British Channel Tunnel zone], a European train driving licence issued] on the basis of an exemption from the medical requirements set out in Schedule 1 is not valid in Great Britain, and the holding of such a licence will not satisfy the requirements of paragraphs (1) or (4)(a).

(12) A person who is training to be train driver (“the trainee driver”) may drive a train without being authorised to do so by a train driving licence and a train driving certificate provided that an authorised driver—

(a) accompanies and supervises the trainee driver in the cab whilst the trainee driver drives the train, and

(b) complies with the requirements of paragraph (5) as if the authorised driver was the driver of the train.

(13) Subject to paragraph (14), in paragraph (12) “authorised driver” means a train driver who is authorised to drive the train by a train driving licence and a train driving certificate issued by the railway undertaking, or infrastructure manager, for whom the train is driven relating to the type of train driven and the infrastructure driven on.

F11 (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 4(1) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 4(1)(c) substituted (31.1.2022 at 11:00 p.m.) by The Train Driving Licences and Certificates (Amendment) Regulations 2022 (S.I. 2022/85), regs. 1(2), 2(3)(a)

F3 Reg. 4(4) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 4(4)(a) substituted (31.1.2022 at 11:00 p.m.) by The Train Driving Licences and Certificates (Amendment) Regulations 2022 (S.I. 2022/85), regs. 1(2), 2(3)(b)

F5 Reg. 4(4A) inserted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 4(4A) substituted (31.1.2022 at 11:00 p.m.) by The Train Driving Licences and Certificates (Amendment) Regulations 2022 (S.I. 2022/85), regs. 1(2), 2(3)(c)

F7 Reg. 4(4B) inserted (31.1.2022 at 11:00 p.m.) by The Train Driving Licences and Certificates (Amendment) Regulations 2022 (S.I. 2022/85), regs. 1(2), 2(3)(d)

F8 Reg. 4(9) omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 4(11) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(3)(e); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 4(11) substituted (31.1.2022 at 11:00 p.m.) by virtue of The Train Driving Licences and Certificates (Amendment) Regulations 2022 (S.I. 2022/85), regs. 1(2), 2(3)(e)

F11 Reg. 4(14) omitted (31.12.2020) by virtue of The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(3)(f); 2020 c. 1, Sch. 5 para. 1(1)

Licence and certificate characteristics U.K.

5.— [F12 (1) The form of a train driving licence and a train driving certificate issued under these Regulations must comply with the requirements set out in Schedule 2.]

(2) In particular, a train driving certificate must show the categories of train which the train driver may drive comprising either or both of—

(a) Category A – shunting locomotives, work trains, maintenance railway vehicles and all other locomotives when they are used for shunting; and

(b) Category B – trains for the carriage of passengers or goods or both.

Textual Amendments

F12 Reg. 5(1) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(4); 2020 c. 1, Sch. 5 para. 1(1)

Ownership of licence U.K.

6.  A train driving licence is owned by the holder to whom it is issued.

Ownership of certificate U.K.

7.  A train driving certificate is owned by the railway undertaking or infrastructure manager which issues it to the holder.