The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) and paragraph 21 of Schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) (“the Withdrawal Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 of these Regulations (which extends to England and Wales and Scotland only) amends the Train Driving Licences and Certificates Regulations 2010 (“the 2010 Regulations”) (S.I. 2010/724) to deal with deficiencies. The 2010 Regulations implemented, for Great Britain, Directive 2007/59/EC of the European Parliament and of the Council on the certification of train drivers operating locomotives and trains on the railway system in the European Union (O.J. No. L 315, 3.12.2007, p.51). The 2010 Regulations established a regime for the licensing and certification of train drivers who drive trains on the mainline railway network. Railway undertakings and infrastructure managers are not to deploy a person to drive a train on that network unless the person is the holder of both a licence and a certificate. The licence is recognised by other European Member States and indicates satisfaction of medical checks and possession of general professional competence. The certificate indicates the infrastructure on which the holder is authorised to drive and the rolling stock which the holder is authorised to drive. Licences are issued by by the Office of Rail and Road and certificates are issued by railway undertakings and infrastructure managers.

Part 3 of these Regulations (which extends to Northern Ireland as well as to England, Wales and Scotland) also amends three pieces of EU tertiary legislation which are directly applicable in the UK, and which on exit day become retained EU law in accordance with section 3 of the Withdrawal Act.

Regulation 3 amends the Commission Decision of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (2020/17/EC) (O.J. No. L 8, 13.1.2010, p.17). This Commission Decision sets out the information that should be included in the national register of train driving licences required to be kept by the ORR (for Great Britain) and the Department for Infrastructure (for Northern Ireland) and in the register for train driving certificates kept by railway undertakings and infrastructure managers. The Commission Decision also sets out who is permitted to access the information on such registers.

Regulation 4 amends Commission Regulation (EU) No 36/2010 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences under Directive 2007/59/EC of the European Parliament and the Council (O.J. No. L 13, 19.1.2010, p.1). This Commission Regulation sets out the template for the train driving licences and certificates to be issued to the train drivers and the information that needs to be included in each of the fields.

Regulation 5 amends Commission Decision of 22 November 2011 on criteria for the recognition of training centres involved in the training of train drivers, on criteria for the recognition of examiners of train drivers and on criteria for the organisation of examinations in accordance with Directive 2007/59/EC of the European Parliament and of the Council (2011/765/EU) (O.J. No. L 314, 29.11.2011, p.36). This Commission Decision sets out the criteria for examiners and training centres providing training and examinations of train drivers.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument onwww.legislation.gov.uk