The Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013

Amendments to the Train Driving Licences and Certificates Regulations 2010

4.—(1) The Train Driving Licences and Certificates Regulations 2010(1) are amended as follows.

(2) In regulation 2, after the definition of “employed”, insert—

““in code form” is a reference to a code representing additional information or a medical restriction, as provided for in Annex I to 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(2), as that Annex to that Regulation is amended from time to time;”.

(3) In regulation 3, after paragraph (1), insert—

“(1A) These Regulations do not apply in relation to the driving of trains which the Office of Rail Regulation has determined under regulation 2A(2) of ROGS are deemed not to operate on the mainline railway.”.

(4) After part 14 (transitional provisions), insert—

“PART 15 Review

Review

40.— (1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) “Review period” means—

(a) the period of five years beginning with the day on which the Railways and Other Guided Transport Systems (Miscellaneous Amendments) Regulations 2013 come into force; and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.”.

(5) In Schedule 2 (community model train driving licence and harmonised complementary train driving certificate), omit the sentence at the end of paragraph 2.

(1)

S.I. 2010/724.

(2)

O.J. No. L13, 19.01.2010, p1.