The Train Driving Licences and Certificates Regulations 2010

PART 5 U.K. VALIDITY OF LICENCES AND CERTIFICATES

Validity and renewal of licences U.K.

12.—(1) Subject to regulations 18 and 21 and paragraph (3), a train driving licence is valid for 10 years.

(2) The ORR must not renew a train driving licence unless it is satisfied that the holder complies with regulation 13, passes any examinations undergone in pursuance of it, and undergoes continuous training, as required by regulation 29(d), to ensure the driver's general professional knowledge is maintained.

(3) A train driving licence ceases to be valid once it is suspended or withdrawn.

Periodic checks to maintain validity of licence U.K.

13.—(1) The holder of a train driving licence must pass periodic medical and psychological examinations meeting the requirements described in regulation 8(3) and (4).

[F1 (1A) In paragraph (1) a train driving licence includes a Northern Ireland train driving licence and, during the transitional period only, a European train driving licence.]

(2) For the purpose of paragraph (1) periodic medical examinations means examinations conducted at the minimum frequency and at other times set out in paragraph 3 of Schedule 1.

Textual Amendments

F1 Reg. 13(1A) inserted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(6); 2020 c. 1, Sch. 5 para. 1(1)

Validity of certificate U.K.

14.  A train driving certificate ceases to be valid once it is suspended or withdrawn, or regulation 16(3) applies.

Periodic checks to maintain validity of certificate U.K.

15.—(1) The holder of a train driving certificate must pass periodic language and specific professional knowledge tests or examinations meeting the requirements described in regulation 9(3) and (4), and periodic tests relating to their employer's safety management system.

(2) For the purpose of paragraph (1), the frequency of periodic tests and examinations must be as determined by the railway undertaking or infrastructure manager that issued the certificate in accordance with its safety management system, but must not be less than the minimum frequencies set out in Schedule 6.

(3) When the holder of a train driving certificate passes the tests and examinations required by paragraph (1) the certificate must be endorsed with a statement to that effect by the railway undertaking or infrastructure manager that issued it.

Cessation of employment U.K.

16.—(1) A railway undertaking or infrastructure manager must give written notice to the ORR when a person ceases to be employed by them as a train driver.

(2) Where a person is so employed as an independent contractor or volunteer, if they do not drive a train for the railway undertaking or infrastructure manager for a period of twelve months, their employment will be deemed to have ceased upon the expiry of that period if it has not otherwise been terminated.

(3) When a person ceases to be employed by a railway undertaking or infrastructure manager as a train driver, a train driving certificate issued by them in relation to that person ceases to be valid.

(4) If a train driving certificate becomes invalid by virtue of paragraph (3), the railway undertaking or infrastructure manager that issued it must provide the train driver with—

(a) a certified copy of it endorsed to indicate when it ceased to be valid; and

(b) a copy of all documents providing evidence of the driver's training, qualifications, experience and professional competence relevant to train driving undergone, obtained or achieved by the driver whilst employed as a train driver by that body.

Monitoring U.K.

17.—(1) A railway undertaking or infrastructure manager must have a system for monitoring train drivers employed by them to check that the requirements of these Regulations which apply to them are adhered to.

(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 or infrastructure manager must immediately take any necessary action which may include—

(a) informing the ORR of matters relevant to the continuing validity of the licence;

(b) requiring the driver to undergo the relevant examinations or tests referred to in regulations 13 or 15; or

(c) suspending or withdrawing the driver's train driving certificate.

(3) A train driver who considers that his state of health calls into question his fitness to drive trains must immediately inform the railway undertaking or infrastructure manager by whom he is employed.

(4) A railway undertaking or infrastructure manager that becomes aware that a train driver employed by them has failed to comply with regulation 13 or 15, or has failed an examination or test required by those regulations, or that the health of the train driver has deteriorated to a point where the driver's fitness to drive trains is called into question, must immediately take any necessary action which may include—

(a) informing the ORR of matters relevant to the continuing validity of the driver's train driving licence;

(b) requiring the driver to undergo the relevant examinations or tests referred to in regulations 13 or 15; or

(c) suspending or withdrawing the driver's train driving certificate.

(5) A railway undertaking or infrastructure manager must inform the ORR when a train driver employed by them has suffered work incapacity for a period of more than three months.

[F2 (6) For the purposes of paragraphs (2) and (4) a train driving licence includes a Northern Ireland train driving licence and, [F3 in relation to the Channel Tunnel zone], a European train driving licence.]

Textual Amendments

F2 Reg. 17(6) inserted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(7); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 17(6) 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(5)