The Train Driving Licences and Certificates Regulations 2010

PART 6 U.K. SUSPENSION AND WITHDRAWAL OF LICENCES AND CERTIFICATES

Suspension or withdrawal of licences issued by the ORR U.K.

18.—(1) Without prejudice to regulation 21, if the ORR considers that the holder of a train driving licence F1 ... no longer satisfies a condition required for the holding of it, or decides to suspend or withdraw the licence pursuant to paragraph (3), the ORR must—

(a) suspend or withdraw the licence; and

(b) inform the holder and his employer of—

(i) the suspension or withdrawal;

(ii) the reason for it;

(iii) the availability of the appeal procedure under regulation 35; and

(iv) any procedure to be followed to seek reinstatement of the licence.

(2) If the ORR suspends or withdraws a train driving licence the holder must surrender it to the ORR.

(3) If F2 ... [F3 the Department for Infrastructure] or the Intergovernmental Commission—

(a) informs the ORR that it considers the holder of a train driving licence issued by the ORR no longer satisfies a condition required for the holding of it, and

(b) gives the ORR a reasoned request for a review of the holder's eligibility to hold the licence, or for the licence to be suspended or withdrawn,

the ORR must consider that request and, within four weeks, notify F2 ... [F3 the Department for Infrastructure] or the Intergovernmental Commission, as the case may be, of its decision whether to suspend or withdraw the licence or take any other action.

Textual Amendments

F1 Words in reg. 18(1) 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(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 18(3) 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(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 18(3) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F4 Suspension or withdrawal of other train driving licences and driver prohibition U.K.

19.— (1) Without prejudice to regulation 21, if the ORR considers that the holder of a Northern Ireland train driving licence no longer satisfies a condition required for the holding of it the ORR must—

(a) inform the Department for Infrastructure of this view;

(b) give the Department for Infrastructure a reasoned request for a review of the holder's eligibility to hold the licence, or for the licence to be suspended or withdrawn; and

(c) notify the Intergovernmental Commission of the request.

[F5 (2) Without prejudice to regulation 21, if the ORR considers that the holder of a relevant European train driving licence no longer satisfies a condition required for holding it, the ORR—

(a) must—

(i) inform the French licensing authority, and the Intergovernmental Commission of this view; and

(ii) notify the Intergovernmental Commission of any request made to the French licensing authority or other safety authority under sub-paragraph (b) or (c) and the French licensing authority of any request to another safety authority under sub-paragraph (c)(i);

(b) may, where the licence has been issued by the French licensing authority, give that authority a reasoned request for the licence to be suspended or withdrawn;

(c) may, where the licence has been issued by a safety authority other than the French licensing authority—

(i) inform that other authority of this view and make a reasoned request for the licence to be suspended or withdrawn; and

(ii) request the French licensing authority to give a reasoned request to that other authority for the licence to be suspended or withdrawn.]

(3) Pending any suspension or withdrawal of the licence, or other conclusion on the request, the ORR may prohibit the holder from driving a train in Great Britain.]

Textual Amendments

F4 Reg. 19 substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(9); 2020 c. 1, Sch. 5 para. 1(1)

F5 Reg. 19(2) 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(6)

Suspension or withdrawal of certificates and driver prohibition U.K.

20.— [F6 (1) This regulation applies if —

(a) the ORR considers that the holder of a train driving certificate no longer satisfies a condition required for the holding of it; or

(b) the French licensing authority —

(i) has notified the ORR that it considers a driver is no longer competent or fit to drive a train in the Channel Tunnel zone; and

(ii) has requested the ORR to require the railway undertaking or infrastructure manager which has issued a train driving certificate to the driver to review the driver’s competence or fitness or to suspend or withdraw the certificate.

(1A) Without prejudice to regulation 21, where this regulation applies, the ORR must—

(a) inform the railway undertaking or infrastructure manager which issued the train driving certificate of its view or, as the case may be, of the view and request of the French licensing authority; and

(b) give the railway undertaking or infrastructure manager a reasoned request for a review of the holder’s eligibility to hold the certificate or for the certificate to be suspended or withdrawn.]

(2) Upon receipt of such a request the railway undertaking or infrastructure manager must consider it and, within four weeks, notify the ORR of its decision whether to suspend or withdraw the certificate or take any other action.

(3) Where the railway undertaking or infrastructure manager 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 tests or examinations referred to in regulation 15; or

(b) suspending or withdrawing the holder's train driving certificate.

(4) Pending any suspension or withdrawal of the train driving certificate, or other conclusion on the request, the ORR may prohibit the holder from driving a train in Great Britain.

[F7 (5) If the ORR exercises the power in paragraph (4) it—

(a) must inform the Department for Infrastructure and the Intergovernmental Commission and, in the case of the holder of a Channel Tunnel train driving certificate, the French licensing authority; and

(b) may, in the case of the holder of a Channel Tunnel train driving certificate who also holds a European train driving licence inform the safety authority which has issued that licence if this is not the French licensing authority.

(5A) Where the French licensing authority has notified the ORR of the matters referred to in paragraph (1)(b)(i) and has made the request referred to in paragraph (1)(b)(ii), the ORR must notify the French licensing authority of the response given by the railway undertaking or infrastructure manager under paragraph (2) promptly on receiving it.]

Textual Amendments

F6 Reg. 20(1)(1A) substituted for reg. 20(1) (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(7)(a)

F7 Reg. 20(5)(5A) substituted for reg. 20(5) (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(7)(b)

Serious threat to the safety of the railway U.K.

21.—(1) If the ORR considers that a train driver is a serious threat to the safety of the railways it must immediately take any necessary action.

(2) For the purpose of paragraph (1) any necessary action may include—

(a) requesting the railway undertaking or infrastructure manager to stop any train being driven by the driver;

(b) suspending or withdrawing the driver's train driving licence, if issued by the ORR; or

(c) prohibiting the driver from driving a train in Great Britain.

[F8 (3) If the ORR takes any action under this regulation it must inform the Department for Infrastructure and the Intergovernmental Commission and may inform the safety authorities.]

Textual Amendments

F8 Reg. 21(3) substituted (31.12.2020) by The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/677), regs. 1(2), 2(11); 2020 c. 1, Sch. 5 para. 1(1)

Appeal to the Commission U.K.

F9 22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Reg. 22 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(12); 2020 c. 1, Sch. 5 para. 1(1)