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Commission Regulation (EU) No 36/2010Show full title

Commission Regulation (EU) No 36/2010 of 3 December 2009 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 (text with EEA relevance)

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ANNEX ICOMMUNITY MODEL OF TRAIN DRIVING LICENCE

1.PHYSICAL CHARACTERISTICS OF THE TRAIN DRIVING LICENCE

The train driving licence shall follow the format ID-1 set out in international standard ISO/IEC 7810:2003 Identification cards — Physical characteristics.

Without prejudice to data protection rules, Member States may, for national use only, use storage medium (microchip) as part of the licence, to allow railway undertakings and infrastructure managers to store company-related information including the data to be contained in the complementary certificate, provided that it does not in any way interfere with the implementation of this Regulation.

The insertion of any such microchip shall conform with international standard ISO 7816-1:1998 Identification cards — Integrated circuit(s) cards with contacts — Part 1: Physical characteristics.

Railway undertakings and infrastructure managers will not be exempted from adopting the Community model of the complementary certificate described in Chapter 4 of Annex II until the harmonised requirements for the use of smart-card are established.

Methods for verifying the characteristics of the driving licences, to ensure that they are consistent with international standards, shall comply with standard ISO/IEC 10373-1:2006 Identification cards — Test methods — Part 1: General characteristics.

2.ANTI-FORGERY MEASURES

(a)

The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):

  • card bodies shall be UV dull,

  • a security background pattern shall be designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing; the pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering,

  • optical variable elements shall provide adequate protection against copying and tampering with the photograph,

  • in the area of the photograph the security design background and photograph shall overlap on at least the border of the photograph (weakening pattern).

(b)

In addition, the material used for driving licences shall be made secure against forgery by using at least one of the following techniques (additional security features):

  • colour-shifting inks,

  • thermochromic ink,

  • custom holograms,

  • variable laser images,

  • tactile characters, symbols or patterns.

The techniques used should enable the competent authorities to check the validity of the card without any special equipment.

Non-technical measures to prevent forgeries shall be related to the monitoring of the safety management system put in place by railway undertakings and infrastructure managers in accordance with Annex III(2)(j) to Directive 2004/49/EC.

3.LAY-OUT OF THE TRAIN DRIVING LICENCE

The train driving licence shall follow the Community model, the reference colours (Pantone Reflex Blue and Pantone Yellow) and the patterns, whose lay-out is provided in appendix.

The Agency shall provide electronic version of the high definition graphic lay-out, which shall include open-type fonts (Myriad Pro and Minion Pro, available in all alphabets of EU languages) and dimensions to be used for fonts.

The train driving licence shall have information displayed on two sides.

Recto shall contain:

(a)

the words ‘train driving licence’ printed in large type in the language or languages of the Member State issuing the licence;

(b)

the name of the Member State issuing the licence;

(c)

the distinguishing sign of the Member State issuing the licence, based on ISO 3166 alpha-2 code, printed in negative in a blue rectangle and encircled by 12 yellow stars.

The distinguishing signs shall be as follows:

[(*) CH and NO are mentioned for information]

AT

:

Austria

BE

:

Belgium

BG

:

Bulgaria

CY

:

Cyprus(1)

CZ

:

Czech Republic

DK

:

Denmark

EE

:

Estonia

FI

:

Finland

FR

:

France

DE

:

Germany

EL

:

Greece

HU

:

Hungary

IS

:

Iceland

IE

:

Ireland

IT

:

Italy

LV

:

Latvia

LI

:

Liechtenstein

LT

:

Lithuania

LU

:

Luxembourg

MA

:

Malta(1)

[NO]

:

[Norway] (*)

NL

:

Netherlands

PL

:

Poland

PT

:

Portugal

RO

:

Romania

SK

:

Slovak Republic

SI

:

Slovenia

ES

:

Spain

SE

:

Sweden

[CH]

:

[Switzerland] (*)

UK

:

United Kingdom;

(d)

information specific to the licence issued, to be numbered as follows:

1.

the surname(s) of the holder. The surname(s) must match that (those) displayed on the passport/national identity card/other recognised document proving identity;

2.

the name(s) of the holder. The name(s) must match that (those) displayed on the passport/national identity card/other recognised document proving identity;

3.

the date and place of birth of the holder;

4a

the date of issue of the licence;

4b

the date of expiry of the licence;

4c

the name of the issuing authority;

4d

the reference number assigned to the employee by the employer (optional);

5.

the number of the licence giving access to data in the national register is based on the European Identification Number, (EIN) as stated in Commission Regulation (EC) No 653/2007(2).

The two-digit EIN code for the type of document, shall be as follows:

71 up to counter 9 999;

if more than 9 999 licences are issued per year:

72 if counter is 10 000 and up to 19 999;

in cases where more than 19 999 licences are issued per year:

73 if counter is 20 000 and up to 29 999;

6.

a photograph of the holder;

7.

the signature of the holder.

Verso shall contain:

8.

the permanent place of residence or postal address of the holder (optional), displayed in space identified with number 8;

9.

additional information (identified as ‘9a’ boxes), or medical restrictions (identified as ‘9b’ boxes) for use imposed by a competent authority. Medical restrictions will be displayed in code form.

9a

Additional information shall be displayed in boxes identified with number 9a, in the following order:

a.1

Native language(s) of the train driver, according to the classification in use in the Member State;

a.2

Space reserved for entries by the Member State which issues the licence, for necessary information according to national legislation.

9b

Medical restriction shall be displayed in boxes identified with number 9b. Codes ‘b.1’ and ‘b.2’ will constitute harmonised Community codes for medical restrictions:

b.1

Mandatory use of glasses/lenses;

b.2

Mandatory use of hearing aid/communication aid.

The relevant code shall be added in one of the boxes, and those which are not used shall be made void.

In addition, the word ‘European Communities model’ in the language or languages of the Member State issuing the licence and the words ‘Train driving licence’ in the other languages of the Community, shall be printed as follows:

Bulgarian:

СВИДЕТЕЛСТВО ЗА УПРАВЛЕНИЕ НА ЛОКОМОТИВ

Czech:

LICENCE STROJVEDOUCÍHO

Danish:

LOKOMOTIVFØRERLICENS

Dutch:

VERGUNNING MACHINIST (the Netherlands)

VERGUNNING VAN TREINBESTUURDER (Belgium)

English:

TRAIN DRIVING LICENCE

Estonian:

VEDURIJUHILUBA

Finnish:

KULJETTAJAN LUPAKIRJA

French:

LICENCE DE CONDUCTEUR DE TRAIN (Belgium, France, Luxembourg)

German:

EISENBAHNFAHRZEUG-FÜHRERSCHEIN (Belgium, Germany)

FAHRERLAUBNIS FÜR TRIEBFAHRZEUGFÜHRER (Austria)

Greek:

ΆΔΕΙΑ ΜΗΧΑΝΟΔΗΓΟΎ

Hungarian:

VASÚTI JÁRMŰVEZETŐI IGAZOLVÁNY

Irish:

CEADÚNAS TIOMÁNA TRAENACH

Italian:

PATENTE DEL MACCHINISTA

Latvian:

VILCIENA VADĪTĀJA APLIECĪBA

Lithuanian:

TRAUKINIO MAŠINISTO PAŽYMĖJIMAS

Maltese:

LIĊENZJA TA' SEWWIEQ TAL-FERROVIJI

[Norwegian]:

[FØRERBEVIS] (*) (for information)

Polish:

LICENCJA MASZYNISTY

Portuguese:

CARTA DE MAQUINISTA

Romanian:

PERMIS DE MECANIC DE LOCOMOTIVĂ

Slovak:

PREUKAZ RUŠŇOVODIČA

Slovenian:

DOVOLJENJE ZA STROJEVODJO

Spanish:

TITULO DE CONDUCCIÓN DE VEHICULOS FERROVIARIOS/MAQUINISTA

Swedish:

FÖRARBEVIS

4.STATUS AND NUMBERING OF THE TRAIN DRIVING LICENCE

The number shall be attributed by the competent authority or the delegated body, when issuing the train driving licence. The number shall be preserved, either in case of renewal, amendment, update or issue of a duplicate.

When the licence is renewed, after 10 years, a new photo and new expiry date shall be displayed on the licence.

The licence shall be updated in case changes occur in optional data, such as change of address or change of reference number of the employee.

The licence shall be amended when a medical restriction is to be recorded during the period of validity. New code(s) shall be added according to the procedure established in accordance with Article 14(1) of Directive 2007/59/EC.

The competent authority shall update the licence according to the procedure and delay established in conformity with Article 14(1) of Directive 2007/59/EC. The railway undertakings or infrastructure managers employing or contracting drivers shall implement without delay any decision deriving from the result of medical checks.

All changes in the status of the train driving licences shall be recorded in the national register of train driving licences.

5.PREVENTION ON THE USE OF INVALID CARDS

If the information on the licence is altered, the holder must immediately return the card to the authority that issued it, so that it can be replaced, and the invalid card can be destroyed.

The same procedure applies to a lost card, replaced by a new one and then found again.

6.COMMUNITY MODEL OF TRAIN DRIVING LICENCE

(1)

The obligations for transposition and implementation of this Directive shall not apply to Cyprus and Malta as long as no railway system is established within their territory [Article 36(3) of Directive 2007/59/EC]

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