PART 4PROCEDURE FOR OBTAINING LICENCES AND CERTIFICATES
Procedure for obtaining a train driving licence
10.—(1) The Department must publish on its website the application procedures for obtaining a new train driving licence, for the updating of the particulars of such a licence, for the renewal of such a licence and for the issue of a duplicate licence.
(2) All applications must be lodged with the Department by the applicant or an entity acting on the applicant’s behalf, and must be made in accordance with the procedures published in accordance with paragraph (1).
(3) The Department must within one month of receiving all the necessary documents determine the application.
(4) Where satisfied a train driving licence should be issued or renewed the Department must issue it in the form of a single original.
(5) The Department may issue a duplicate train driving licence.
Procedure for obtaining a train driving certificate
11.—(1) A railway undertaking must set up—
(a)as part of its safety management system, its own procedures for the issue and updating of train driving certificates; and
(b)a procedure for a person to request a review by it of a decision it has made concerning them relating to the issue, updating, suspension or withdrawal of a train driving certificate.
(2) A railway undertaking must update, without delay, a train driving certificate issued by it whenever the holder has obtained additional authorisations relating to rolling stock or infrastructure.
(3) A person who has requested a review of a decision under paragraph (1)(b) may appeal to the Department if dissatisfied with the outcome.
(4) A railway undertaking must publish on its website—
(a)the procedures referred to in paragraph (1), and
(b)the availability of an appeal to the Department under paragraph (3),
and applications or requests made to them under paragraph (1) must be made in accordance with the procedures referred to in that paragraph.
(5) The Department must publish on its website its procedure for appeals under paragraph (3) and such appeals must be made in accordance with that procedure.
(6) The Department must, within two months of the date of receipt of all relevant information in relation to an appeal made to it under paragraph (3)—
(a)determine the appeal; and
(b)where appropriate, issue a direction to the railway undertaking against whose decision the appeal is brought requiring that body to remedy the matter that gave rise to the appeal.
(7) Without prejudice to the right of any person to make an application for judicial review—
(a)a determination by the Department on an appeal brought under paragraph (3) is binding; and
(b)it is the duty of a railway undertaking to whom a direction is given under paragraph (6)(b) to comply with and give effect to that direction.