The Train Driving Licences and Certificates Regulations (Northern Ireland) 2010

Regulations 4, 8, and 13

SCHEDULE 1 MEDICAL REQUIREMENTS

(This Schedule substantially reproduces the provisions of Annex II to the Directive)

GENERAL REQUIREMENTS

1.—(1) General

• Drivers must not be suffering from any medical conditions or be taking any medication, drugs or substances which are likely to cause—

  (a)

  a sudden loss of consciousness,

  (b)

  a reduction in attention or concentration,

  (c)

  a loss of balance or coordination,

  (d)

  a significant limitation of mobility.

(2) Vision

• The following requirements as regards vision must be complied with—

  (a)

  aided or unaided distance visual acuity: 1,0; minimum of 0,5 for the worse eye,

  (b)

  maximum corrective lenses: hypermetropia + 5/mypopia −8. Derogations are authorised in exceptional cases and after having obtained the opinion of an eye specialist. The recognised doctor then takes the decision,

  (c)

  near and intermediate vision: sufficient, whether aided or unaided,

  (d)

  contact lenses and glasses are authorised when periodically checked by a specialist,

  (e)

  normal colour vision: use of a recognised test, such as Ishihara, as well as another recognised test if required,

  (f)

  field of vision: full,

  (g)

  vision for both eyes: effective; not required in a case where a person lost binocular vision after starting his job and when that person has adequate adaptation and sufficient compensation experience,

  (h)

  binocular vision: effective,

  (i)

  recognition of colour signals: the test must be based on recognition of single colours and not on relative differences,

  (j)

  sensitivity to contrasts: good

  (k)

  no progressive eye disease,

  (l)

  lens implants, keratotomies and keratectomies are allowed only on condition that they are checked on a yearly basis or at intervals set by a recognised doctor,

  (m)

  ability to withstand dazzle,

  (n)

  coloured contact lenses and photochromatic lenses are not allowed. UV filters are allowed.

(3) Hearing and speaking requirements

• Sufficient hearing confirmed by an audiogram, i.e.—

  • hearing good enough to hold a phone conversation and to be able to hear warning sounds and radio messages.

• The following values should be taken as guidelines—

  (a)

  the hearing deficiency must not be higher than 40 dB at 500 and 1 000 Hz,

  (b)

  the hearing deficiency must not be higher than 45 dB at 2 000 Hz for the ear with the worst air conduction of sound,

  (c)

  no anomaly of the vestibular system,

  (d)

  no chronic speech disorder (given the necessity to exchange messages loudly and clearly),

  (e)

  the use of hearing aids is allowed in special cases.

(4) Pregnancy

• In the event of poor tolerance or a pathological condition, pregnancy must be considered to be a reason for the temporary exclusion of drivers. Legal provisions protecting pregnant drivers must be applied.

MINIMUM CONTENT OF THE EXAMINATION BEFORE APPOINTMENT

2.—(1) Medical examinations—

(a) a general medical examination,

(b) examinations of sensory functions (vision, hearing, colour perception),

(c) blood or urine tests, testing among others for diabetes mellitus, insofar as they are necessary to judge the candidate’s physical aptitude,

(d) an Electro-Cardiogram (ECG) at rest,

(e) tests for psychotropic substances such as illicit drugs or psychotropic medication and the abuse of alcohol calling into question the fitness for the job,

(f) cognitive: attention and concentration; memory; perception; reasoning,

(g) communication,

(h) psychomotor: reaction time, hand coordination.

(2) Occupational psychological examinations

• The purpose of the occupational psychological examinations is to assist in the appointment and management of staff. In determining the content of the psychological evaluation, the examination must asses that the applicant driver has no established occupational psychological deficiencies, particularly in operational aptitudes or any relevant personality factor, which are likely to interfere with the safe exercise of the duties.

PERIODIC EXAMINATIONS AFTER APPOINTMENT

3.—(1) Frequency

• Medical examinations (physical fitness) must be taken at least every three years up to the age of 55, thereafter every year.

• In addition to this frequency, a recognised doctor must increase the frequency of examinations if the health of the member of staff so requires.

• Without prejudice to regulation 13 an appropriate medical examination must be carried out when there is reason to doubt that a holder of a train driver’s licence or train driving certificate fulfils the medical requirements set out in paragraph 1.

• Physical fitness must be checked regularly and after any occupational accident or any period of absence following an accident involving persons. A recognised doctor can decide to carry out an additional appropriate medical examination, particularly after a period of at least 30 days' sick leave. The employer must ask a recognised doctor to check the physical fitness of the train driver if the employer had to withdraw the driver from service for safety reasons.

(2) Minimum content of the periodic medical examination

• If the train driver complies with the criteria required for the examination which is carried out before appointment, the periodic examinations must include as a minimum—

  (a)

  a general medical examination,

  (b)

  an examination of sensory functions (vision, hearing, colour perception),

  (c)

  blood or urine tests to detect diabetes mellitus and other conditions as indicated by the clinical examination,

  (d)

  tests for drugs where clinically indicated.

• In addition, an ECG at rest is also required for train drivers over 40 years of age.

Regulations 5, 22 and 23

SCHEDULE 2 COMMUNITY MODEL TRAIN DRIVING LICENCE AND HARMONISED COMPLEMENTARY TRAIN DRIVING CERTIFICATE

(This Schedule substantially reproduces the provisions of Annex I to the Directive)

CHARACTERISTICS OF THE LICENCE

1.  The physical characteristics of the train driving licence must be in conformity with ISO standards 7810:2003 and 7816-1:1998(1).

The card must be made of polycarbonate.

The methods for verifying the characteristics of train driving licences to ensure that they are consistent with international standards must comply with ISO standard 10373-1:2006(2).

CONTENTS OF THE LICENCE

2.  The front of the licence must contain—

(a) the words “Train driving licence” printed in large type in English,

(b) the words “United Kingdom”,

(c) the distinguishing sign of the United Kingdom in accordance with the United Kingdom’s code in ISO standards 3166-1:2006(3), printed in negative in a blue rectangle and encircled by 12 yellow stars,

(d) information specific to the licence issued, numbered as follows—

(i) the surname of the holder,

(ii) other name(s) of the holder,

(iii) the date and place of birth of the holder,

(iv) the following details—

• the date of issue of the licence,

• the date of expiry of the licence,

• the words “Department for Regional Development”,

• the reference number assigned to the holder by the holder’s employer (optional)

(v) the number of the licence giving access to data in the register referred to in regulation 22,

(vi) a photograph of the holder,

(vii) the signature of the holder,

(viii) the permanent place of residence or postal address of the holder (optional)

(e) the words “European Communities model” in English and the words “Train driving licence” in the other languages of the Community, printed in yellow to form the background of the licence,

(f) the reference colours—

(i) blue — Pantone Reflex blue

(ii) yellow — Pantone yellow

(g) additional information, or medical restrictions for use imposed by the Department in accordance with Schedule 1, in code form.

The codes shall be decided by the Commission, in accordance with the regulatory procedure referred to in article 32(2) of the Directive and on the basis of a recommendation from the Agency.

CERTIFICATE

3.  The certificate must contain—

(a) the surname of the holder,

(b) other name(s) of the holder,

(c) the date and place of birth of the holder,

(d) the date of issue of the certificate,

(e) the date of expiry of the certificate,

(f) the name of the issuing railway undertaking ,

(g) the reference number assigned to the holder by the issuing railway undertaking (optional)

(h) the number of the certificate giving access to data in the register referred to in regulation 23,

(i) a photograph of the holder,

(j) the signature of the holder,

(k) the permanent place of residence or postal address of the holder (optional)

(l) the name and address of the railway undertaking for which the train driver is authorised to drive trains,

(m) the category in which the holder is entitled to drive,

(n) the type of rolling stock which the holder is entitled to drive,

(o) the infrastructures on which the holder is authorised to drive,

(p) any additional information or restrictions,

(q) language skills.

MINIMUM DATA CONTAINED IN REGISTERS OF TRAIN DRIVING LICENCES AND TRAIN DRIVING CERTIFICATES

4.—(a) Data relating to the licence—

• All data appearing on the licence plus data relating to the checking requirements set out in regulations 8 and 13.

(b) Data relating to the certificate—

• All data appearing on the certificate plus data relating to the checking requirements set out in regulations 9 and 15.

Regulations 8 and 28

SCHEDULE 3 GENERAL PROFESSIONAL KNOWLEDGE AND REQUIREMENTS REGARDING THE TRAIN DRIVING LICENCE

(This Schedule substantially reproduces the provisions of Annex IV to the Directive)

1.  The general training has the following objectives—

(a) acquiring the knowledge and procedures regarding railway technologies, including safety principles and the philosophy behind operational regulations,

(b) acquiring knowledge and procedures regarding the risks related to railway operation and the various means to be used to combat them,

(c) acquiring knowledge and procedures regarding the principles guiding one or more railway operating modes,

(d) acquiring knowledge and procedures regarding trains, their composition and technical requirements on traction units, wagons, coaches and other rolling stock.

2.  In particular, train drivers must be able to—

(a) understand the specific requirements for working in the profession of train driver, its importance, and the professional and personal demands (long periods of work, being away from home, etc)

(b) apply safety rules,

(c) identify rolling stock,

(d) know and apply a working method in a precise manner,

(e) identify the reference and applications documents (manual of procedures and manual of lines as defined in Commission Decision 2006/920/EC concerning the technical specification of interoperability relating to the subsystem “Traffic Operation and Management” of the trans-European conventional rail system(4), drivers manual, breakdown manual etc.),

(f) learn behaviours which are compatible with safety-critical responsibilities,

(g) identify the procedures applicable to accidents involving persons,

(h) distinguish the hazards involved in railway operations in general,

(i) know the principles governing traffic safety,

(j) apply the basic principles of electrotechnology.

Regulation 9 and 28

SCHEDULE 4 PROFESSIONAL KNOWLEDGE OF INFRASTRUCTURE AND REQUIREMENTS REGARDING THE TRAIN DRIVING CERTIFICATE

(This Schedule substantially reproduces the provisions of Annex VI to the Directive)

TESTING THE BRAKES

1.  Drivers must be able to check and calculate, before departure, that the train’s braking power corresponds to the braking power required for the line, as specified in the vehicle documents.

TYPE OF OPERATION AND MAXIMUM TRAIN SPEED ACCORDING TO THE LINE CHARACTERISTICS

2.  Drivers must be able to—

(a) take note of information given to them, such as the speed limits or any signalling changes,

(b) determine the type of running and the limit speed of the train on the basis of the characteristics of the line.

KNOWLEDGE OF THE LINE

3.  Drivers must be able to anticipate problems and react appropriately in terms of safety and other performances, such as punctuality and economic aspects. They must therefore have a thorough knowledge of the railway lines and installations on their route and of any alternative routes agreed on.

The following aspects are important—

(a) operational conditions (changes of track, one-way running, etc.),

(b) perform a route check and consult the relevant documents,

(c) identification of tracks that can be used for a given type of running,

(d) the applicable traffic rules and the meaning of the signalling system,

(e) the operations regime,

(f) the block system and associated regulations,

(g) station names and the position, and distance-sighting of stations and signal boxes to adapt driving accordingly,

(h) transition signalling between different operating or power supply systems,

(i) speed limits for the different train categories driven,

(j) topographical profiles,

(k) particular braking conditions, for example on lines with a steep downward gradient,

(l) particular operating features: special signals, signs, departure conditions, etc.

SAFETY REGULATION

4.  Drivers must be able to—

(a) start the trains only when all prescribed conditions are fulfilled (timetable, start order or signal, operation of signals if required, etc.),

(b) observe track-side and in-cab signals, interpret them immediately and without error, and act as specified,

(c) run the train safely according to the specific modes of operation: apply special modes if instructed, temporary speed restrictions, running in opposite direction, permission to pass signals at danger, switching operations, turns, running through construction sites, etc.,

(d) respect scheduled or supplementary stops, and if necessary perform supplementary operations for passengers during these stops, notably opening and closing the doors.

DRIVING THE TRAIN

5.  Drivers must be able to—

(a) know the train’s position on the line at all times,

(b) apply the brakes for decelerations and stops, taking account of the rolling stock and installations,

(c) adjust the running of the train in accordance with the timetable and any orders given on saving energy, taking account of the characteristics of the traction unit, the train, the line and the environment.

ANOMALIES

6.  Drivers must be able to—

(a) be attentive, insofar as train operation permits, to unusual occurrences concerning the infrastructure and the environment: signals, tracks, energy supply, level crossings, track surrounding, other traffic,

(b) know particular distances to clear obstacles,

(c) inform the infrastructure manager as soon as possible of the place and nature of anomalies observed, making sure that the information has been understood,

(d) taking into account the infrastructure, ensure or take measures to ensure the safety of traffic and persons, whenever necessary.

OPERATING INCIDENTS AND ACCIDENTS, FIRES AND ACCIDENTS INVOLVING PERSONS

7.  Drivers must be able to—

(a) take steps to protect the train and summon assistance in the event of an accident involving persons,

(b) determine where to stop the train in the event of a fire and facilitate the evacuation of passengers, if necessary,

(c) provide useful information on the fire as soon as possible if the fire can not be brought under control by the driver acting alone,

(d) inform the infrastructure of these conditions as soon as possible,

(e) assess whether the infrastructure allows the vehicle to continue to run and under which conditions.

LANGUAGE TESTS

8.  Drivers who have to communicate with the infrastructure manager on critical safety issues must have language skills in the language indicated by the infrastructure manager concerned. Their language skills must be such that they can communicate actively and effectively in routine, adverse and emergency situations.

They must be able to use the messages and communication method specified in Commission Decision 2006/920/EC concerning the technical specification of interoperability relating to the subsystem “Traffic Operation and Management” of the trans-European conventional rail system

Drivers must be able to communicate according to level 3 of the following table:

Language and communication level

The oral qualification in a language can be subdivided into five levels:

Level	Description
5	Can adapt the way he or she speaks to any interlocutor
	Can put forward opinions
	Can negotiate
	Can persuade
	Can give advice
4	Can cope with totally unforeseen situations
	Can make assumptions
	Can express an argued opinion
3	Can cope with practical situations involving an unforeseen element
	Can describe
	Can keep a simple conversation going
2	Can cope with simple practical situations
	Can ask questions
	Can answer questions
1	Can talk using memorised sentences

Regulation 9 and 28

SCHEDULE 5 PROFESSIONAL KNOWLEDGE OF ROLLING STOCK AND REQUIREMENTS REGARDING THE TRAIN DRIVING CERTIFICATE

(This Schedule substantially reproduces the provisions of Annex V to the Directive)

After completing specific training in relation to rolling stock, drivers must be able to carry out the following tasks—

TESTS AND CHECKS PRIOR TO DEPARTURE

1.  Drivers must be able to—

(a) collect the documentation and the necessary equipment,

(b) check the capacities of the traction unit,

(c) check the information entered in the documents on board the traction unit,

(d) ensure, by performing the checks and tests specified, that the traction unit is capable of providing the required traction power, and that the safety equipment is operating,

(e) checking the availability and functionality of the prescribed protection and safety equipments at the handover of a locomotive or at the start of a trip,

(f) perform any routine preventative maintenance operations.

KNOWLEDGE OF ROLLING STOCK

2.  To operate a locomotive, drivers must be familiar with all the controls and indicators placed at their disposal, in particular those concerning—

(a) traction,

(b) braking,

(c) traffic safety-related elements.

In order to detect and locate anomalies in the rolling stock, report them and determine what is required to repair them, and in certain cases, to take action, drivers must be familiar with—

(a) mechanical structures,

(b) suspension and attachment equipment,

(c) running gear,

(d) safety equipment,

(e) fuel tanks, fuel supply systems, exhaust equipment,

(f) the meaning of markings on the inside and outside of the rolling stock, in particular the symbols used for the transportation of dangerous goods,

(g) trip registration systems,

(h) electrical and pneumatic systems,

(i) collection of current and high-voltage systems,

(j) communication equipment (ground-to-train radio, etc),

(k) arrangement of trips,

(l) the constituent parts of the rolling stock, their purpose, and the devices specific to the hauled stocks, in particular the system of stopping the train by venting the brake pipe,

(m) braking system,

(n) the parts specific to traction units,

(o) traction chain, motors and transmission.

TESTING THE BRAKES

3.  Drivers must be able to—

(a) check and calculate, before departure, that the train’s braking power corresponds to the braking power required for the line, as specified in the vehicle documents,

(b) check the functioning of the various components of the braking system of the traction unit and of the train, as appropriate, before departure, at start-up and during running.

OPERATING MODE AND MAXIMUM SPEED OF THE TRAIN IN RELATION TO THE LINE CHARACTERISTICS

4.  Drivers must be able to—

(a) take note of information given to them before departure,

(b) determine the type of running and the limit speed of the train on the basis of variables such as speed limits, weather conditions or any signalling changes.

DRIVING THE TRAIN IN A WAY WHICH DOES NOT DAMAGE INSTALLATIONS OR VEHICLES

5.  Drivers must be able to—

(a) use all available control systems in accordance with the applicable rules,

(b) start the train taking account of adhesion and power constraints,

(c) apply the brakes for decelerations and stops, taking account of the rolling stock and installations.

ANOMALIES

6.  Drivers must—

(a) be able to be attentive to unusual occurrences concerning the behaviour of the train,

(b) be able to inspect the train and identify signs of anomalies, distinguish between them, react according to their relative importance and try to remedy them, always giving priority to the safety of rail traffic and persons,

(c) know the available means of protection and communication.

OPERATING INCIDENTS AND ACCIDENTS, FIRES AND ACCIDENTS INVOLVING PERSONS

7.  Drivers must—

(a) be able to take steps to protect the train and summon assistance in the event of an accident involving persons on board the train,

(b) be able to determine whether the train is transporting dangerous goods and identify them on the basis of train documents and wagon lists,

(c) know the procedures relating to the evacuation of a train in case of emergency.

CONDITIONS FOR CONTINUING RUNNING AFTER AN INCIDENT INVOLVING ROLLING STOCK

8.  After an incident, drivers must be able to assess whether the vehicle can continue to run and under what conditions, so as to inform the infrastructure manager of those conditions as soon as possible,

Drivers must be able to determine if an expert evaluation is necessary before the train can continue.

IMMOBILISATION OF THE TRAIN

9.  Drivers must be able to take measures to ensure that the train, or parts thereof, does not start up or move unexpectedly, even in the most difficult conditions.

Furthermore, drivers must have knowledge about measures which can stop a train or parts thereof in case it has started to move unexpectedly.

Regulation 15

SCHEDULE 6 FREQUENCY OF EXAMINATIONS

(This Schedule substantially reproduces the provisions of Annex VII to the Directive)

The frequency of the periodic checks shall be as follows—

(a) linguistic knowledge (only for non-native speakers): every three years or after any absence of more than one year,

(b) infrastructure knowledge (including route and operation rules knowledge): every three years or after any absence of more than one year on the relevant route,

(c) knowledge of rolling stock: every three years.

Regulation 28

SCHEDULE 7 TRAINING METHOD

(This Schedule substantially reproduces the provisions of Annex III to the Directive)

There must be a good balance between theoretical training (classroom and demonstrations) and practical training (on-the-job experience, driving with supervision and driving without supervision on tracks which are closed off for training purposes).

Computer-aided training must be accepted for individual learning of the operational rules, signalling situations, etc.

The use of simulators, although not obligatory, may be useful for the effective training of drivers; they are particularly useful for training in abnormal working conditions or for rules infrequently applied. They have a particular advantage in their ability to provide learning-by-doing capability for events that cannot be trained in the real world. In principle, simulators of the latest generation must be used.

Concerning the acquisition of route knowledge, the approach to be favoured must be where the train driver accompanies another driver for an appropriate number of journeys along the route, in daylight as well as at night. Videos of the routes as seen from the driver’s cab may be used, among other methods, as an alternative training method.

SCHEDULE 8 Regulation 40OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

Offence	Mode of Trial	Penalty on summary conviction	Penalty on conviction on indictment
(a) “The standard scale”, in relation to Northern Ireland, has the meaning given by Article 3(2) of the Criminal Justice (Northern Ireland) Order 1994 No. 2795 (N.I. 15).
An offence under article 31(1)(c)	Summarily or on indictment	Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(a)	Imprisonment for a term not exceeding two years, or a fine, or both
An offence under article 31(1)(e)	Summarily	Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard(a) scale, or both	Imprisonment for a term not exceeding two years, or a fine, or both
An offence under article 31(1)(f)	Summarily	Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(a), or both	Imprisonment for a term not exceeding two years, or a fine, or both
An offence under article 31(1)(g)	Summarily or on indictment	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both	Imprisonment for a term not exceeding 2 years, or a fine, or both
An offence under article 31(1)(h)	Summarily	Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(a), or both
An offence under article 31(1)(k)	Summarily or on indictment	Imprisonment for term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(a), or both	Imprisonment for a term not exceeding two years, or a fine, or both
An offence under article 31(1)(l)	Summarily or on indictment	Imprisonment for term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(a), or both	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under article 31(1)(m)	Summarily or on indictment	Imprisonment for a term not exceeding 3 months, or a fine not exceeding level 5 on the standard scale(a), or both	Imprisonment for term not exceeding two years, or a fine, or both.
An offence under article 31(1)(n)	Summarily	A fine not exceeding level 5 on the standard scale(a)
An offence under article 31(1)(o)	Summarily or on indictment	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both	Imprisonment for a term not exceeding 2 years, or a fine, or both

(1)

ISO standards are published in Geneva by the International Organisation for Standardisation. ISO standard 7810:2003 — identification cards — physical characteristics — edition 3 was published on 31 October 2003 and 7816-1:1998 — identification cards — integrated circuit(s) cards with contacts — Part 1 — physical characteristics — edition 1 was published on 8 October 1998.

(2)

ISO standard 10373-1:2006 — identification cards — test methods — Part 1 — General Characteristics — edition 2 was published on 26 April 2006.

(3)

ISO standard 3166-1:2006 — codes for the representation of names of countries and their subdivisions — Part 1 — country codes — edition 2 was published on 20 November 2006.

(4)

O.J. No. L359, 18.12.2006 p. 1.