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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 IICOMMUNITY MODEL OF COMPLEMENTARY CERTIFICATE

1.CONTENT

Railway undertakings and infrastructure managers shall issue complementary certificates to be carried by the train drivers they employ or use under contractual arrangements when on duty, in accordance with Article 29 of Directive 2007/59/EC.

The procedure for issuing and updating complementary certificates, set up in accordance with Article 15 of Directive 2007/59/EC, shall specify the language(s) in which the certificates are issued.

Complementary certificates shall contain the following information:

  • a reference to the licence number,

  • the surname(s) of the holder: Member States may include all the surnames recognised, but the priority should be given to the main family name and the listing of names should be consistent with that displayed in the licence,

  • the name(s) of the holder. Member States may include all the first names that they recognise, but the listing of the name shall be consistent with that displayed in the licence,

  • reference number given by the employer (optional),

  • issuing and expiry date of the complementary certificate. The duration of validity for the complementary certificate is established by RUs/IMs employing or contracting drivers, and set in the procedure to be published by RUs/IMs in conformity with Article 15. If the certificate is valid indefinitely, the expiry date is made void,

  • data related to the issuing organisation. The complementary certificate may be issued by a central or regional RU/IM’s department, designated under the procedure in conformity with Article 15 of Directive 2007/59/EC,

  • it may include a company internal number for administrative purposes.

The following information will be numbered as described below.

1.1.Data on the employer

The information on the company employing or contracting the train driver shall include:

  • the company name and, if relevant, the workplace (e.g. the depot to which the driver is assigned),

  • the category of entity employing or contracting the driver: ‘railway undertaking’ or ‘infrastructure manager’,

  • the postal address: street address, post code, city and country,

  • the train driver’s personal reference number within the company. This is optional information.

1.2.Data on the holder

The following data on the holder shall be displayed:

  • the place of birth (place and country),

  • the date of birth,

  • the nationality of the driver,

  • the postal address (street address, post code, city and country). This is optional information.

1.3.Categories of driving

The categories and types of driving, for which the driver is authorised to drive, shall be displayed as follows.

Category A

RUs/IMs may use ‘A’ as a global category, encompassing all activities of category A: shunting locomotives, work trains, maintenance railway vehicles and all other locomotives when they are used for shunting.

Alternatively, RUs/IMs may limit the scope of the certificate to one or more of the following types:

A1

=

when limited to shunting locomotives;

A2

=

when limited to work trains;

A3

=

when limited to maintenance railway vehicles;

A4

=

when limited to all other locomotives when they are used for shunting;

A5

=

other, if the authorisation is related for services or rolling stock not included in the previous categories. This shall be specified in the appropriate space.

Category B

RUs/IMs may use ‘B’ as a global category, encompassing carriages of passengers and goods.

Alternatively, RUs/IMs may limit the scope of the certificate to one or more of the following types:

B1

=

when limited to carriage of passengers;

B2

=

when limited to carriage of goods.

The category in which the holder is authorised to drive shall be indicated by filling in the appropriate box if a global category is chosen or boxes, if one or more subcategories are chosen. The boxes that are not necessary shall be made void.

Examples:

A =global category A. No subcategory used
A =

Category A, subcategory 1

(authorisation to drive only shunting locomotives)

A =

Category A, subcategories 2 and 3

(authorisation to drive work-trains and maintenance vehicles)

A =

Category A, subcategory 5

(authorisation related to service or rolling stock not corresponding to subcategories from A1 to A4. To be specified in the box ‘notes’)

B =global category B, no subcategory used
B =

Category B, subcategory 2

(authorisation to drive freight trains)

Railway Undertakings and Infrastructure Managers shall ensure that the choice of subcategory does not influence the requirements set out in Annex V and VI to Directive 2007/59/EC.

1.4.Additional information

This part is reserved for additional information that may be requested by national applicable legislation or by the company’s internal procedures.

1.5.Data related to language skills

The list of all languages, others than the native language, that are necessary to operate on the relevant infrastructure and that are known by the train drivers and comply with the requirements of Annex VI to Directive 2007/59/EC, shall be inserted here.

1.6.Restrictions

This part shows restrictions related to the characteristics and capabilities of the driver in relation to the content of the complementary certificate (e.g.: driving allowed only in daylight)

If the restrictions concern rolling stock (e.g.: speed restrictions when driving certain types of locomotives) and/or infrastructure, the information in text format shall be provided in the box ‘notes’ beside the relevant rolling stock and/or infrastructure.

1.7.Data relating to rolling stock

This part lists types of rolling stock the driver is authorised to drive, following an assessment of competences listed in Annex V to Directive 2007/59/EC.

Data shall be displayed in the following boxes:

  • a box for the date of the beginning of validity of the relevant competence,

  • a box for each type of rolling stock,

  • a box with space for notes (they may be the stamp to confirm the acquired competences, the date of the end of validity of the competency or other relevant information, as stated in point 1.6 above).

1.8.Data related to infrastructure

This part lists the infrastructure on which the driver is authorised to drive following an assessment of the competencies listed in Annex VI points (1) to (7) to Directive 2007/59/EC.

Data shall be displayed in the following boxes:

  • a box for the date of beginning of validity of the relevant competence,

  • a box for the extent of infrastructure on which the driver is authorised to drive,

  • a box with space for notes (they may be a stamp to confirm the acquired competences, the date of end of the validity of the competence or other relevant information, as stated in point 1.6 above.

The extent of infrastructure on which the driver is authorised to drive is described in the railway undertaking’s procedure for issuing and updating the complementary certificate. For each part of infrastructure on which the driver is authorised to drive, relevant information or restrictions shall be added.

2.PHYSICAL CHARACTERISTICS OF THE COMPLEMENTARY CERTIFICATE

The Community model of complementary certificate shall be a foldable document, the size shall be 10 cm × 21 cm (when unfolded) giving three outside and three inside pages.

The front page shall display the following information:

  • surname(s) and name(s) of the holder,

  • licence number,

  • issue and expiry dates of the complementary certificate,

  • data related to issuing entity and stamp. It may include a company internal number for administrative purposes.

Page two shall contain data on the employer/contracting entity and additional data on the holder, numbered as follows:

1.

Data on the employer or contracting entity;

2.

Data on the train drivers (holder of the complementary certificate).

Page three shall contain:

3.

The categories of driving;

4.

Additional information;

5.

Language skills;

6.

Restrictions.

The inside pages shall contain the types of rolling stock that the driver is authorised to drive (types, date of initial assessment) and the list of infrastructure on which the driver is authorised to drive.

Additional internal pages may be added to include information that exceeds the available space.

The complementary certificate shall comply with the model shown in section 4.

3.ANTI-FORGERY MEASURES

The following two anti forgery measures shall be used for the complementary certificates:

Technical measures (the most common are company logo, paper texture and permanent ink, display of an internal reference number and stamp). All updates shall be confirmed by a date and stamp on the document and shall be consistent with information in the register.

Procedures for monitoring the safety management system, to check that information on the complementary certificate is valid and has not been altered, in accordance with Article 18(1) of Directive 2007/59/EC.

All this information shall be included in the provisions for issuing and updating complementary certificates, in accordance with Article 15 of Directive 2007/59/EC.

4.COMMUNITY MODEL OF COMPLEMENTARY CERTIFICATE

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